Managing and running a successful brand requires you to protect your trademark. Trademarks and patents defend you or your business’s intellectual property, brand identity, designs, slogans, and creativity from unauthorized use by third parties in the U.S.
Patents apply to inventions, while trademarks protect trade secrets, designs, words or slogans, and unique symbols.
Understanding the differences between these registrations will help ensure you correctly fill out and submit the proper documents.
This guide aims to help you understand these differences, what each type of registration involves, and its importance as you learn how to register your trademark or patent step by step.
Understand the differences between patents and trademarks
Patents and trademarks are types of intellectual property, along with trade secrets and copyright. Each protects different aspects, so determining which type best enforces your rights and safeguards your work often needs clarification.
Outstanding differences between patents and trademarks
| Trademark | Patent | |
| Meaning | A trademark is a symbol companies use to distinguish their services or products from the competition’s. | A patent is the monopoly of a practical or new invention granted by the government for a certain period. |
| Applies to | Symbols or marks on goods that indicate the brand that produces them | All types of inventions |
| Granted for | Distinction | Uniqueness and novelty |
| Prevents | Others from creating an effect similar to or closely resembling yours | Others are selling, using, or producing the patented product |
| Protection coverage | Safeguards the goodwill associated with the mark | Protects ideas that become reality |
| Registration | Optional | Mandatory |
| Duration | Ten years | Twenty years |
Understand the basics of patent and trademark registration: What it is and why it’s important
Registering trademarks and patents falls on the United States Patent and Trademark Office (USPTO), which also enforces the respective rights.
Trademarks
A trademark refers to a design, symbol, slogan, or word that distinguishes and identifies the sources of goods from others, while a service mark determines services instead of goods. Generally, the word trademark presents both service and trademarks. Registering allows you to market your image and brand with confidence that you have protection by federal law. Trademark registration is vital as it helps customers distinguish and identify your brand from others in the market.
It prevents others from using similar names or logos to deceive or misguide your customers, allowing you to build customer loyalty, brand credibility, and recognition. It’s an excellent way to retain and grow your market share while giving your business a competitive edge.
If your business is a start-up, a trademark can help build your business’s value as it grows. As your reputation grows, so will your brand’s value. A trademark enables you to expand to different industries, allowing a giant corporation to acquire your business.
You can also register nonvisual or nontraditional marks like motion marks, touch, flavor, scent, sound, configuration, shape and color, certifications, and collective effects. Some examples include:
- Color mark: You must submit sufficient evidence of distinctiveness. A color mark is visual; you should present it as a color drawing, a claim naming the color featured, and a statement describing where to find the color and use it in the mark.
- Word mark: You should present all words and letters in Latin characters without any style and numbers in Arabic or Roman numerals.
- Design mark (Design and stylized wording): Mark images should be in JPG format and 5 MB or smaller. The scanned image should have a resolution between 300 and 350 dots per inch, and the length and width should be 250 and 944 pixels.
- Shape (3D) mark: You should include the mark description in a 3D drawing that shows the mark in all three dimensions.
- Sound mark: You should submit an electronic format of the audio file (.avi, .mpg, .mp3, .wma, .wmv, .wav) that doesn’t exceed 5 MB. You should also include a written sound description, including any lyrics or words.
- Flavor or scent mark: You must submit enough evidence of the acquired distinctiveness, a detailed written description of the flavor or scent, and a sample that matches the description.
- Touch mark: You should represent the mark graphically.
- Motion mark: If you want to apply for a mark with short repetitive motions, you must submit a drawing that shows one point in the movement or five or fewer frames that show the activity at different points. You can attach a detailed description and a sample in .avi, .mpg, .mp3, .wma, .wmv, or .wav format.
Patents
A patent safeguards inventions, which can be helpful to new chemical compositions, machine designs and machinery, mechanical processes, and their subsequent improvements.
You don’t need a patent to leverage an invention, but without one, you can’t prevent anyone else from replicating or copying your design.
You may have an invention but need more resources to market or produce it. A patent falls under commercial property, which allows you to:
- Pursue legal action against anyone using the patented invention without your permission
- License another person(s) to manufacture or produce the design based on agreed terms
- Negotiate with business partners or potential investors while retaining your intellectual property rights
The patent law exists to encourage people to commercialize technological advances and nurture innovation. Inventors can publicly share their inventions while retaining some exclusive rights.
It’s crucial to note that patent rights are territorial, meaning the exclusive rights only apply to the region or country where you filed for the patent or where it was granted.
The protection also lasts for a limited period, often 20 years from the day of filing for the patent.
You can apply for a patent at the U.S. Patent and Trademark Office. The registration process can be challenging, but we’ll discuss it step by step to help you navigate easily.
Patents versus trademarks versus copyright: What are the differences?
All three registrations fall under intellectual property. Like patents and trademarks, copyright protects specific original works, like computer software codes, musical compositions and recordings, and literary works like books and artworks.
Registering copyrighted materials is not mandatory since the materials automatically gain protection after creation. However, it gives the copyright holder a legal advantage in case ownership claims come up in the future.
Here is an overview of patents versus trademarks versus copyright:
| Patent | Trademark | Copyright | |
| Definition | A patent gives you property rights to a useful, new, or unique invention, process, or discovery. | A trademark is a design, slogan, or word that distinguishes what you sell or do. | Copyright safeguards your authorship of original work in a tangible medium. |
| Example | iPhone design or Bluetooth data transfer technology | Logo example: The Nike SwooshMcDonald’s Slogan: I’m Lovin’ It | Articles, photographs, websites, logos, blog posts, and illustrations but not simple phrases or individual names and words |
| Duration of protection | 20 years | Forever, but requires periodic renewal starting from 5 years after submitting the registration. | Life of the creator or author, plus 70 years for works created under a contract for hire, 120 years from publication, or 95 years from creation (whichever is shorter) |
| Application cost | An initial fee of $80 and above, plus a search and examination fee | An initial payment of $250 to $750 for each class of services or goods | An initial price of $45 and above |
Determine when to register a patent or trademark
Once you have an idea or invention you believe is unique and valuable, deciding when to register a patent or trademark is essential. Depending on your particular situation, there may be various considerations to think about before taking action, such as:
- Disclosure
Consider whether you have publicly disclosed the invention in any way (for example, through the publication of journal articles) before filing for a patent.
If so, it could affect the invention’s potential eligibility for protection under intellectual property law.
- Costs
The financial implications of registering a patent or trademark include the legal costs of filing and any fees required by the USPTO.
- Commercialization
Consider your ability to exploit the invention/brand identity after registration commercially.
- Do current market conditions make now a good time to launch a new product line featuring the protected material?
- Does it require significant investment into research and development to become profitable?
If not, wait until these factors are more conducive to better serve your long-term interests.
Understanding the regulatory environment that applies to your industry sector is also crucial.
Most products or services need additional permissions from government agencies like the FDA before you sell them publicly.
It would help if you also considered whether your chosen path would give you the most robust possible legal protections against infringement.
All these questions should help guide your decision when determining the right moment to apply for protective measures outlined by U.S. Patent Office regulations.
A step-by-step guide on how to register patents and trademarks
Navigating the United States Patent and Trademark Office can seem daunting if you’re unfamiliar with the process. Still, once you understand how to file a patent or trademark, you can successfully protect your intellectual property.
- Due diligence
Before beginning the patent or trademark registration process, it is essential to understand the requirements and considerations related to each type.
This includes researching the types of patents or trademarks you can register in your jurisdiction and any unique rules or regulations associated with filing for either.
It is also necessary to conduct thorough research on existing patents and trademarks that may conflict with yours. Please do so to avoid rejection of your application due to existing copyrights and trademarks held by another party.
- Filling out and submitting the application
The application process begins by determining which type of registration you need — either a patent or trademark — as each requires different forms and fees.
After deciding on the appropriate form and filling it out, you must submit the applications and pay the associated fees to USPTO.
The cost of registering a patent or trademark varies depending on whether you file electronically or via paper copy. However, the total fee includes application processing charges and additional fees such as search fees if necessary.
Your application should include all required documentation, including drawings, descriptions, claims, etc., depending on your chosen form (utility/design).
Be mindful of common mistakes that can cause your application to be unsuccessful. For instance, it’s easy to overlook drafting errors in the application.
Seemingly minor details, such as failing to adequately describe your invention or mark in a language USPTO examiners can understand, can cause rejection.
Take great care when preparing applications to ensure they meet all requirements before submission.
Some common mistakes are:
- Failing to meet specific USPTO filing requirements
- Unintentionally omitting information
- Failing to understand what’s required from you initially
For example, submitting incorrect drawings with your application can significantly delay the approval process. Lack of clarity will also take additional time since you must clarify matters with the examiner assigned to your case.
Knowing exactly what to include in each section is the key to avoiding such hiccups.
- Application examination
Once the USPTO receives your application, it will go through an examiner who will determine any issues you need to address before approving.
The examination process can take anywhere from one month to three years, depending on the complexity of your invention or brand identity. Scanning the database for similar approved patents or trademarks also causes delays.
- Maintaining validity
Once the USPTO publishes a patent or trademark, you must maintain its validity to prevent competitors from copying your ideas without permission.
You can achieve this through regular monitoring, such as tracking potential violations online and taking appropriate steps, like filing infringement suits as necessary.
You must also regularly review your current patents and trademarks to ensure they remain valid according to changing laws or regulations. Otherwise, you risk losing exclusive rights over them.
Remember that anyone can file opposition claims against your filed application at any point during this process if they believe your idea infringes on copyrights they hold.
Such requests ask the court to deny or reject your registration due to arguments the other party presents. If the court agrees, your initial registration will fail to go through.
- Approval
Once fully approved, you will receive exclusive rights over use and production for twenty years or more.
You can ensure a successful outcome with dedication and commitment to the registration process. Patience is vital when going through seemingly complicated legal processes like this one.