Understanding the Differences Between Trademarks, Copyrights & Patents

Trademark protection is often used to protect brand names. It is the word or phrase that informs the public of where the good or service comes from. It can be a logo, design, slogan or a tag line. A trademark can be used to protect anything that points the consumer back to the maker or owner of the product or service. Not only does a trademark prevent other parties from using the same mark, it prevents them from using similarly confusing marks. In other words, another party cannot create a mark that is similar to your mark in order to confuse the consumer and steal business intended for you. To learn more about registering a trademark, read our blog titled “Establishing Rights in a Trademark.”

A copyright is used to protect creative works from being copied, used or distributed without permission. It can protect writings, art, music or even computer codes. A copyright only protects the original expression in a work – it does not protect the overall idea of the work. Additionally, a copyright can last for many years, but not forever. Thus, once the copyright expires or the work is considered “out of copyright,” the public is allowed to copy, use or distribute it without obtaining approval.

Patents can be used to protect an idea, invention, process or design. To be eligible for a patent, the work must be novel and useful (for a utility patent) or ornamental (for a design patent). Once your patent expires, the work is open to the public to be copied or used without obtaining permission.

If you have questions regarding trademarks or copyrights we can help. Contact the legal team at The Swenson Law Firm to schedule your initial consultation today.

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