What is the difference between a trademark, copyright, and patent?

Still Have Questions? Ask Lawbrarian →

Ready to Ask Lawbrarian?

Get AI-powered legal research and guidance on your specific legal question.

Start Researching →
Important Disclaimer
The information provided on Lawbrarian is for general educational and informational purposes only and is not a substitute for professional legal advice. Every legal situation is unique, and the content on this site should not be relied upon as legal counsel. If you need legal advice specific to your circumstances, please consult with a licensed attorney. You can use the "Ask Lawbrarian" feature available on every page to research your legal questions with AI assistance.

These three types of intellectual property protection serve different purposes:

Trademark: Protects brand identifiers — names, logos, slogans, and other symbols that distinguish goods or services in the marketplace. Examples: the Nike swoosh, "Just Do It," the Apple logo. Duration: Can last indefinitely as long as the mark is used in commerce and renewals are filed. Registration is with the USPTO.

Copyright: Protects original creative works — books, music, art, software code, photographs, films, and other creative expressions. Copyright exists automatically upon creation, but registration with the U.S. Copyright Office provides additional legal protections. Duration: Generally the author's life plus 70 years.

Patent: Protects inventions and discoveries — new processes, machines, compositions of matter, or designs. Requires a formal application to the USPTO and examination. Duration: Utility patents last 20 years from the filing date; design patents last 15 years from grant date.

Key distinction: Trademarks protect brand identity, copyrights protect creative expression, and patents protect inventive concepts. A single product might involve all three: a patented technology, copyrighted software code, and a trademarked brand name.