Trademarks 101-16: What is the difference between a trademark, copyright, and patent?

What are the differences between a trademark, copyright, and patent?

First, trademarks are words, logos, or designs that help consumers identify the source of a product or service. 

It protects the brand of your company.

Second, copyrights protect creative works in fixed forms, like movies or songs.

Third, patents protect inventions.  There are two types of patents.  

The first is a utility patent, which protects how something is used and works.

The second is a design patent, which protects how something looks.

An example of a consumer walking into McDonald’s can show the differences between a trademark, a copyright, and a patent.

For instance, that consumer will notice the big “M” outside the restaurant, and immediately identify those golden arches as the source of McDonald’s restaurant services.  That “M” would be a trademark.

That consumer might order a Happy Meal, and his child will open a book about Elsa from FROZEN.  That book would be copyrighted material.

Then, that same consumer might order French fries at McDonald’s using a novel technology to make French fries in a specific way.  That French fry machine could be patented.

As you can see, trademarks, copyrights, and patents are all around us.

Depending on a company’s specific business and legal needs, it might even be advisable to seek all three forms of Intellectual Property.

Learn the fundamentals of trademark protection, branding, and monitoring.

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