Trademark vs. Copyright vs. Patent: What Protects What

Business owners and creators often use these terms interchangeably, but they protect different things and work very differently.

Trademark: your brand

Protects: names, logos, slogans and other identifiers that tell customers who makes a product or provides a service.
How you get it: rights start with use in commerce, but federal registration with the U.S. Patent and Trademark Office (USPTO) gives nationwide priority, a legal presumption of ownership, and the right to use ®.
How long: potentially forever, as long as you keep using it and renew registrations.
Key point: search before you launch. A name that's confusingly similar to an existing mark in a related field can force a costly rebrand. Descriptive or generic names are hard to protect.

Copyright: creative works

Protects: original creative expression fixed in a tangible form: writing, art, photos, music, video, software code, website content. It protects the expression, not the underlying idea.
How you get it: automatically when the work is created. But registration with the U.S. Copyright Office is generally required before suing for infringement of a U.S. work, and timely registration makes statutory damages and attorney's fees available.
How long: generally the author's life plus 70 years; different terms apply to works made for hire.
Key point: if you pay a freelancer or contractor, get a written assignment. Otherwise they may own the copyright.

Patent: inventions

Protects: new, useful and non-obvious inventions: processes, machines, products and compositions (utility patents), and new ornamental designs (design patents).
How you get it: by filing an application with the USPTO and going through examination, which often takes years. A provisional application can secure a filing date for 12 months.
How long: generally 20 years from filing for utility patents; 15 years from grant for design patents.
Key point: public disclosure, sales or offers to sell can start a clock that bars patenting, and in most other countries can destroy patent rights immediately. Talk to a patent attorney before you disclose.

Trade secrets

A fourth category protects valuable confidential information, like recipes, customer lists and processes, as long as you take reasonable steps to keep it secret, such as NDAs and access controls.

When you need an IP attorney

Inventors can file their own patent applications, but only a USPTO-registered patent attorney or agent can represent you, and drafting claims well is difficult, so most applicants use one. Trademark filings don't require a lawyer, but a clearance search and a well-drafted application avoid common rejections. And if you're accused of infringement, or someone copies you, get advice before you respond.

Find an intellectual property attorney near you. Related: LLC vs. corporation.

This guide is general information, not legal advice.