I hear all the time from founders, executives, and their general counsel, all trying to answer the same fundamental question: What kind of IP protection do I actually need? The answer, of course, depends – on what you’ve created, and how you intend to build around it.

I thought it would be helpful to get back to basics. That’s why I created this primer – to explicate the differences between trademarks, copyrights, and patents in broad strokes. I wanted to give you a framework to think strategically about how each fits into your broader business goals. 

If you’re not sure how best to protect your intellectual property, this is a great place to start.

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What is Intellectual Property?

Your intellectual property (IP) is made up of your intangible assets that are protected by law. IP laws are the legal infrastructure that protect your brand, your technology, your inventions, and your creative output.

There are three primary forms of intellectual property. Each form of protection serves a different purpose, and choosing the right one will help you properly protect and maximize the value of your innovation.

  • Trademarks include brand identifiers like names and logos.
  • Copyrights are for original, creative work.
  • Patents cover new and useful inventions.

There’s a fourth area of IP that we won’t cover in this article: Trade Secrets. For more, check out my article “3 Ways Your IP Counsel Can Help Protect Your Company’s Trade Secrets.”

What is a Trademark?

A trademark protects brand identifiers that distinguish your products or services from competitors. 

What a Trademark Protects: 

Brand names, logos, taglines, product names, slogans, sounds, colors, distinctive packaging that consumers associate with your business, and any other identifiers that signal the source of goods or services to consumers.

How to Register for a Trademark: 

If you’re based in the US, file an application with the United States Patent and Trademark Office (USPTO). You’ll need to demonstrate that you’re using the mark in commerce or have a bona fide intention to use it. As of 2025, the USPTO charges a base filing fee of $350 per class of goods or services, with additional fees for custom descriptions or lengthy identifications.

How Long a Trademark Lasts: 

Indefinite, as long as you continue using the mark in commerce and file the required maintenance documents every 10 years.

Benefits of a Trademark: 

You’ll have exclusive nationwide rights to use the mark, the ability to prevent consumer confusion, and gain enhanced brand recognition and value.

Examples: The Nike “swoosh” logo, Apple’s bitten apple symbol, or Google’s distinctive font and color scheme.

Image Trademark with Serial Number 72414177

What is a Copyright?

A copyright protects original works of authorship fixed in a tangible medium. 

What a Copyright Protects:

Literary works, music, artwork, photographs, software code, architectural designs, and other original creative expressions.

How to Register for a Copyright: 

Copyright exists automatically as soon as your creation becomes fixed in a tangible form such as being written down or saved to a computer. However, you can register with the U.S. Copyright Office for enhanced legal protections. Registration currently costs between $45-$125 depending on the type of work and filing method.

How Long a Copyright Lasts: 

For individual works created after 1978, copyright generally lasts for the author’s lifetime plus 70 years. For corporate works, it’s typically 95 years from first publication or 120 years from creation, whichever comes first.

Benefits of a Copyright:

You’ll have exclusive rights to reproduce, distribute, display, perform, and create derivative works. Registering your copyright allows you to collect larger financial penalties and recover your attorney fees if someone copies your work without permission.

Examples: Taylor Swift’s songs, Adobe Photoshop software, or the architectural plans for the Guggenheim Museum.

What is a Patent?

A patent protects new, useful, and non-obvious inventions. It grants the inventor exclusive rights to make, use, sell, or import the invention for a limited time in exchange for publicly disclosing how it works.

What a Patent Protects: 

New inventions, processes, machines, compositions of matter, and improvements to existing inventions that meet patentability requirements.

How to Register for a Patent:

File a patent application with the USPTO that includes detailed descriptions, claims, and drawings when applicable. Patent fees vary significantly based on entity size and complexity, with basic filing fees starting around $1,600 for large entities.

How Long a Patent Lasts: 

A patent typically lasts 20 years from the filing date for utility patents, or 15 years from grant for design patents. Some patents require maintenance fees at specific intervals to remain active. 

Benefits of a Patent:

You’ll have exclusive monopoly rights, the ability to license for revenue, enhanced company valuation, and competitive market advantage. 

Types of Patents:

  • Utility patents protect how inventions work or the ways they are used. 
  • Design patents protect the ornamental appearance of functional items. 
  • Plant patents protect new plant varieties. 

Examples: Edison’s light bulb or the original Lego minifigure design patent.

At a Glance: Trademark vs Copyright vs Patent

Trademark Copyright Patent
What it protects Brand identifiers, logos, names Original creative works New inventions, processes
Registration required No, but recommended No, but beneficial Yes, mandatory
Duration Indefinite with use Life + 70 years (individuals), 95 or 120 years (corporate works) 20 years (utility), 15 years (design)
Cost to file $350+ per class of goods/services $45-$125 $1,600+ (varies significantly)
Example McDonald’s golden arches Harry Potter novels iPhone touchscreen technology
Symbol used ™ or ® © None

 

How to Choose the Right IP Protection

The type of protection you need depends on what you’re trying to protect: 

  • Trademarks protect how the public identifies you.
  • Copyrights protect what you create.
  • Patents protect how things work.

Many successful companies use multiple types of IP protection simultaneously. Apple, for example, uses trademarks for its brand name and logo, copyrights for its software and marketing materials, and patents for its technological innovations.

An experienced IP lawyer can help you sort through these options and help you choose the right mix of protections to avoid costly mistakes that could leave your innovations vulnerable. 

Trademark vs Copyright vs Patent FAQs:

What’s the difference between a trademark vs patent? 

Trademarks protect brand identifiers like names and logos, while patents protect new inventions. Trademarks last indefinitely with proper maintenance; patents expire after 15-20 years.

What’s the difference between a trademark vs copyright? 

Trademarks protect brand elements that identify your business in the marketplace. Copyright protects original creative works like books, music, and software code.

What’s the difference between a patent vs copyright? 

Patents protect functional inventions for up to 20 years. Copyright protects creative expression for much longer periods but doesn’t prevent others from independently creating similar works.

How are trade secrets protected? 

Trade secrets don’t require registration. They’re protected through confidentiality agreements and security measures. Unlike patents, trade secrets can last indefinitely as long as the information isn’t disclosed.

Do I need to register my copyright? 

No. Copyright protection exists automatically when you create original work. But registration provides extra benefits like higher damage awards if someone copies your work.

How much does it cost to file a patent? 

Patent costs vary significantly based on the type of patent, entity size, and complexity of the invention. Patent costs and value considerations include not just filing fees but also attorney fees, search costs, and maintenance fees over the patent’s lifetime.

Can AI inventions be patented? 

While AI-assisted inventions can be patented, the inventors listed must be human. The USPTO has clarified that AI inventions are not “categorically unpatentable,” but human inventors must make significant contributions to the conception of the claimed invention.

 

Michael Dilworth

Any examples are solely for educational and illustrative purposes. They do not constitute legal advice and should not be construed as recommendations for specific actions. For personalized legal guidance, please consult a qualified attorney.

This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. The opinions expressed in this article are those of the author only and are not necessarily shared by Dilworth IP, its other attorneys, agents, or staff, or its clients.

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