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Trademark |
Copyright |
Provisional Patent |
Design
Patent |
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What can
be protected? |
Business
Name, Logo, Slogan, Product
or Service Name used by the
owner to distinguish his/her
goods or services in the
market place. |
“Original
works of authorship,”
including
literary, dramatic, musical,
artistic, and certain other
intellectual works. |
Utility
Invention: invention of a
new and useful product/article
of manufacture (e.g., a
chair), composition (e.g.,
new alloy), or
process (e.g., the process
of making the
respective alloy). |
Design
Invention: new exterior
appearance of a useful
product/article of
manufacture
(e.g., the appearance of a
chair, a watch, etc). |
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Who should generally apply for
protection? |
Trademark Owner: the person or the
business entity (e.g., corporation), which controls the
use of the trademark. |
Author |
Inventor |
Inventor |
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For how
long is the protection
offered? |
Indefinitely:
generally, the owner of the
trademark is protected for
as long as the trademark is
used in commerce. |
Generally,
for the life of the author
plus 70 years. |
1 year.
[Within that year, a
non -
provisional application has
to be filed. If the patent
is granted, the invention is
protected for a total of 20
years]. |
14 years |
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Can the
initial period of protection
be extended? |
Trademark
protection is indefinite
(see above). However,
maintenance is required
(periodic filings and fees).
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No. |
No. |
No. |
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Which
governmental agency is
involved? |
USPTO |
US Copyright
Office. |
USPTO |
USPTO |
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Where is
the owner/author/inventor
protected? |
USA |
USA |
USA |
USA |
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Do
owners/authors/inventors
have some rights if they do
not apply for protection? |
Yes. Some
rights in a trademark can be
acquired by simply using it
in commerce. However, a
registered trademark
provides additional
significant benefits (see
below). |
Yes.
Generally, Copyright is
secured when the work is
created. However, there are
significant benefits
obtained by registration
(see below). |
Generally,
no. |
Generally,
no. |
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What are
the benefits of applying for
protection? |
Exclusivity
of right to use is presumed.
Official
notice to the public.
Right to sue
in federal court, etc. |
A public
record of the copyright.
Proving
ownership is greatly
simplified.
Right to sue
in federal court, etc. |
The
provisional application is
generally the first step in
securing ownership in an
utility invention. |
Applying for
a design patent can lead to
its grant and the 14 years
protection which comes with
it. |
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Trademark |
Copyright |
Provisional Patent |
Design
Patent |
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1-800-314-3972
M-F 8-6 PST
