What is the difference between trademark and patent?
Find answers to your legal question.
What is the difference between trademark and patent?
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In terms of legal protections for intellectual property and cost/effort to secure each?
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bcnu
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Trademark refers to the protection OF THE PUBLIC from confusion over the source and quality of goods and services under a given "brand", and allows the senior use of a brand to prevent others from creating a likelihood of confusion and from "diluting" or "disparaging" the brand commerically. Some trademark protection is automatic and begins when you first use a mark/brand in commerce in association with the goods or services. Each state has its own registration system (usually inexpensive) and the US Patent and Trademark Office (USPTO) has a system for federal registration of qualifying marks (for around $300 for each "class" of goods or services). It can take anywhere from three to thirty months. Trademarks remain in force as long as they're used; registrations remain in force as long as you pay the periodic premiums and swear that the mark is still in use.
Patents protect inventors by defining (claiming) specific properties of an invention previously unknown and not obvious, and giving the inventor(s) the right to exclude others from making, using, selling or importing something using the invention, without a license. A patent requires a federal application, specific disclosures necessary to enable someone to understand and use the invention, and a potentially lengthy examination process. The patent is valid for 20 years from date of filing (previously 17 years from date of issuance), unless earlier lapsed for failure to pay the premiums, or unless held partly invalid in a court of law. An inexpensive patent might cost $3,000 and a complicated one may be twenty times that. And that's just the preparation and filing fee. |
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