Trademark vs copyright vs patent. Three types, three protections.
Three of the four pillars of intellectual property protect fundamentally different things. Trademark protects brand identifiers (names, logos, slogans). Copyright protects original works of authorship (writing, code, art, music). Patent protects inventions (functional and ornamental). Trade secret (the fourth pillar) protects confidential business information. Choosing the right type and combining them appropriately matters.
Start here.
Brand identifiers. Word marks, logos, slogans, trade dress.
Original works of authorship. Writing, code, art, music, video.
Inventions. Functional (utility), ornamental (design), plant.
Confidential business information. Customer lists, formulas, processes.
Most products use multiple IP types: trademark on the brand, copyright on the manual, patent on the technology, trade secret on the supply chain.
The full picture.
What trademark protects
Words, logos, slogans, sounds, and trade dress used in commerce to identify goods or services. Examples: the Nike swoosh logo, the Coca-Cola word mark, McDonald's "I'm lovin' it" slogan. Federal registration via USPTO provides nationwide rights.
What copyright protects
Original works of authorship fixed in tangible medium. Software code, written content, photography, music, video, illustrations, design. Automatic on creation; registration with US Copyright Office strengthens enforcement.
What patent protects
Inventions: functional (utility), ornamental (design), plant. Pharmaceutical compounds, manufacturing processes, mechanical devices, design of products. USPTO grants after examination.
What trade secret protects
Confidential business information: customer lists, formulas (Coca-Cola formula), source code, business plans, processes. Protected by reasonable secrecy measures, not registration. Lasts indefinitely if kept secret.
Duration comparison
Trademark: indefinite with continued use and renewal. Copyright: life + 70 years (or 95/120 years for works for hire). Utility patent: 20 years from filing. Design patent: 15 years from grant. Trade secret: indefinite if kept secret.
Registration requirements
Trademark: optional but recommended; federal registration via USPTO. Copyright: automatic on creation; registration optional but opens up enforcement remedies. Patent: required; only granted patents provide protection. Trade secret: no registration; protect via reasonable measures.
Cost comparison
Trademark: $250-$1,500 federal application + USPTO fees ($250-$350/class). Copyright: $45-$125 registration. Utility patent: $10k-$30k+. Design patent: $3k-$8k.
Time to protection
Trademark: 8-14 months for US registration. Copyright: instant on creation; 3-9 months for registration. Utility patent: 18-30 months. Design patent: 12-18 months. Trade secret: instant if kept secret.
Combining IP types
Most products use multiple. Example product launch: company name and logo (trademark), website copy and product photos (copyright), proprietary algorithm (patent or trade secret), customer database (trade secret), product packaging design (design patent + trademark trade dress).
Choosing the right type
Branding goal: trademark. Original creative work: copyright. New invention: patent. Confidential business info: trade secret. Most IP strategies combine multiple types.
Common questions.
Can I trademark my book title?
Can I copyright a logo?
Can I patent an idea?
Should I trademark or copyright my product name?
What about my software?
Do I need all four?
Which has the longest protection?
What is fastest to get?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
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