What is the difference between a trademark, copyright, and patent?
Trademarks protect brands, copyrights protect original creative works, and patents protect inventions.
Trademark:
Protects names, logos, slogans, and other brand identifiers.
Copyright:
Protects original works such as:
- Books
- Music
- Artwork
- Photographs
- Videos
Patent:
Protects inventions, processes, machines, and certain technological innovations.
In U.S. trademark law, the core question is whether consumers understand a word, name, logo, slogan, design, or other indicator as identifying the source of particular goods or services. Trademark protection is therefore connected to branding and consumer recognition, not ownership of a word or design in every possible context.
A federal trademark application is reviewed by the United States Patent and Trademark Office (USPTO), the federal agency that examines trademark applications and maintains the federal trademark register. Filing an application does not guarantee registration; the USPTO reviews whether the mark meets federal requirements and whether there are legal conflicts or other issues.