Trademark Thoughts with Tiffany™: Trademark, Copyright, or Patent?

“Trademark,” “copyright,” and “patent” are often used interchangeably by entrepreneurs, creators, and authors. However, each one is a different tool and using the wrong term can mean leaving your most valuable asset unprotected. Here’s how to tell the difference between the three.

Trademark

Trademarks protect brand identifiers. A trademark is anything that tells a customer who is behind a product or service. It can be a name, logo, slogan, or even a color or sound. Its job is to prevent confusion in the marketplace. Your business name, product name, and tagline can fall into trademark territory.

Copyright

Copyright protects work that is in a tangible form. This can include books, blog posts, photos, music, artwork, and even software code. Protection attaches the moment the work is fixed in a tangible form. Copyright protects the work itself, not the name you sell it under.

Patent

A patent protects inventions. It covers new, useful, and non-obvious inventions or processes. It is a different application, a different agency track, and a very different cost.

Here’s an example: An author writes a fantasy novel series. The text of each book? Protected by copyright. The series title and the author’s pen name? Trademark territory. A special reading-tracker the author invents? Patent territory.

One project. Three different kinds of protection.

The most common mistake is assuming that copyright covers a business name. It doesn’t.

If you’re trying to figure out which one of the three you need, ask yourself: Am I trying to protect what I made, what I call it, or how it works? Made = copyright. Call it = trademark. Works = patent.

If you’re not sure which applies to you, book a consultation and we’ll tell you what you need and what you don’t.

This blog post is general education and not legal advice. If you have questions about your situation, consult with a licensed attorney.