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How is a trademark different from a patent or a copyright?

Written by Jan Buza

Co-founder of Trama

A trademark differs from patents or copyrights by protecting a brand's identity, rather than its creative works or innovations.

A trademark gives its owner exclusive rights to use the mark in commerce and to prevent others from using a similar mark in connection with the same goods and services. Trademarks usually protect names, logos, and slogans, but other characteristics can qualify too; the shape of the Coca-Cola bottle, for example, is a registered trademark.

Copyright protects original creative works and gives its owner rights covering reproduction, distribution, public performance, and the creation of derivative works. A film copyright, for instance, prevents others from copying and broadcasting that film.

A patent gives its owner the right to exclude others from making or selling a product that incorporates the patented invention or mechanism. The lightbulb, the computer, and Bluetooth are all examples of patented inventions.

You can learn more about the differences between common IP protection mechanisms in this article.

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