Entrepreneurs who own a trademark, copyright or patent for a product or technology have an advantage over their competitors. But the process for obtaining these intellectual property protections can be long and complicated. Before you start the process, it is important to learn about the differences between a trademark, copyright and patent. We’ll walk you through how each can help protect your company’s intellectual property, what exactly they protect and where you need to apply.
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Northwest
$39 + State Fees
Varies By State & Package
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$0 + State Fees
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Definitions of Copyright, Trademark and Patent
Copyrights are registered by the U.S. Copyright Office at the Library of Congress while the U.S. Patent and Trademark Office will grant patents and register trademarks.
Here is a brief explanation of each type of intellectual property.
Trademark
A trademark can be a phrase, word or design that identifies your company and its goods or services. A trademark can help distinguish you from your competitors and prevent others from using your mark. There are state-level and federal-level trademarks, each with its own registration process.
Patent
A patent is a granted property right to the creator(s) of a new, unique and useful invention, discovery or process. Patents allow you to bar others from making, using or selling your invention. There are three main types of patents: utility, design and plant.
Copyright
A copyright protects original works of authorship including songs, books, movies, articles and much more. The key is that the work must exist on a physical or digital medium, such as paper, film or a digital file. A copyright gives you the exclusive right to use a work in a variety of ways: you can reproduce it, sell or distribute copies, display it, perform it, or create other works based on your copyrighted work.Copyrights are automatic upon creation of the original work, but registration is recommended so that the copyright claim is part of the public record.
Advantages of Obtaining Copyright
A copyright is granted the moment you create an original work in a tangible or fixed form. It’s automatic. But unregistered works may be difficult to prove in the case that someone else uses or steals your work. And you can only file a copyright infringement lawsuit if your copyright is registered. That’s why we recommend registering your work with the U.S. Copyright Office to make your copyright claim public record.
Featured Partners
1
Northwest
$39 + State Fees
Varies By State & Package
2
Inc Authority
$0 + State Fees
Varies By State & Package
Advantages of Receiving a Federal Trademark
Receiving a trademark means your competitors can not register the same, or a deceptively similar, trademark in the same class of goods or services where your trademark is registered. Registration creates a public record of your trademark ownership and it allows you to use the ® symbol, helping establish legitimacy and trust with your customers and ward off counterfeiters. A federal trademark also gives you additional ways to enforce the mark and paves the way for registering your mark in other countries.
Advantages of Having a Patent Approved
Innovations can take years to create and are often expensive. Receiving a patent ensures you’ll have the opportunity to profit from your hard work. A patent means the inventions and any related processes cannot be copied, made or sold unless permission is given by the inventor.
Copyright Vs. Trademark Vs. Patent
Here is a brief overview on how your company might use a copyright, trademark or patent.
| Trademark | Patent | Copyright | |
|---|---|---|---|
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Definition
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A trademark can be a phrase, word or design—or all three— that describes what your company does or sells. Having a trademark can help separate you from your competitors
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A patent grants property rights to the creator(s) of a new, unique and useful invention, discovery or process. There are three types of patents: utility, design and plant
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A copyright is a form of intellectual property that protects original works of authorship that are fixed in a tangible medium
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Example
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Name example: McDonald’s Slogan example: I’m Lovin’ It Logo example: The golden arches
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The design of the iPhone; BlueTooth data transferring technology; Keurig’s K-Cup pod
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Logos, illustrations, blog posts, websites, articles, advertising copy, photographs—however you cannot copyright names, individual words or simple phrases.
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Length of protection
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Can last forever, but you must file periodic maintenance and renewal paperwork starting five years after registration
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Typically 20 years
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In general: Life of the author/creator, plus 70 years For works made for hire (works created for a business under a contract that gives the business the copyright): 95 years from publication or 120 years from creation, whichever is shorter
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Application cost
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Initial fee of $250 per class of goods/services
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Initial fee of at least $80, plus fees for search and examination fee, depending on size of company
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Minimum fee of $45
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Frequently Asked Questions (FAQs)
How long does a patent last?
A patent lasts 20 years from when it was filed.
What's the poor man's copyright?
A poor man’s copyright refers to the process of mailing yourself a copy of a work or having it notarized. People do this so that the work is time-stamped, i.e. easier to prove the date of creation. It does not mean you can skip the process of registering it with the U.S. Copyright Office, and registration is required to pursue any legal action in a federal court.
Can I apply for a copyright for digital content?
Yes, the copyright office provides copyright protection for various digital content such as blog entries and short online articles.
How long does a trademark last?
Once you have registered your trademark, such as your business’s name, with the United States Patent and Trademark Office (USPTO) and the process is complete, the trademark lasts for 10 years from the date of registration. Every five years after receiving or renewing the trademark, you must file an affidavit with the state where your business is registered in that the trademark is still valid. As long as you continue to keep the trademark in use, file all of the required maintenance forms for your trademark before your 10-year anniversary is up and pay all required fees, you can maintain your trademark infinitely.
How do you trademark a logo?
To trademark a logo you will need to submit your completed application to the United States Patent and Trademark Office (USPTO). In order for your application to be considered complete, you also need to include the fee, which depends on which of the two filing options you chose, the TEAS Plus ($250 per class of goods/services) or the TEAS Standard ($350 per class of goods/services). Learn more about how to trademark a logo.
