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Trademark vs. Copyright vs. Patent: The Essential Guide

The "Big Three" of Intellectual Property

One of the most frequent mistakes business owners make when approaching Secure Mark USA is confusing the three main types of intellectual property. While they all offer protection, they guard very different assets. Using the wrong one is like trying to lock a door with a padlock when you need a deadbolt.

1. Trademark Registration: Protecting Your Identity

As discussed in our pillar guide, Trademark Registration is about source identification. It tells the consumer, "This product came from this specific company."

What it protects: Names, logos, slogans, and trade dress.

Duration: Can last forever, provided you continue to use it and file renewals.

Why it matters: It prevents brand dilution and consumer confusion.

2. Copyright: Protecting Creative Expression

Copyright protects original works of authorship fixed in a tangible medium.

What it protects: Books, software code, website copy, music, photography, and architectural drawings.

Duration: Generally the life of the author plus 70 years.

The Overlap: Your logo is protected by a trademark, but the artistic drawing of that logo may also be protected by copyright. Secure Mark USA helps you navigate where these protections intersect.

3. Patents: Protecting Inventions

If you have invented a new "way" of doing something a new engine, a chemical formula, or a unique manufacturing process you need a patent, not a trademark.

What it protects: Functional inventions and designs.

Duration: Usually 20 years for utility patents.




Comparison Table: At a Glance

Feature

Trademark

Copyright

Patent

Purpose

Brand Identity

Creative Works

Functional Inventions

Governing Body

USPTO

Library of Congress

USPTO

Best For

Business Names/Logos

Content/Art/Code

New Technology

Expert Partner

Secure Mark USA

Legal Counsel

Patent Attorneys

How Secure Mark USA Streamlines the Choice

At Secure Mark USA, we specialize in the most critical asset for business growth: the Trademark. While patents protect what you make, trademarks protect who you are. In a world of copycats, "who you are" is often your only sustainable competitive advantage.



author

Chris Bates

"All content within the News from our Partners section is provided by an outside company and may not reflect the views of Fideri News Network. Interested in placing an article on our network? Reach out to [email protected] for more information and opportunities."

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