Key Differences of Patents and Trademarks Purpose: Patents protect inventions, while trademarks protect brand names, logos, and other identifying factors. Granting Authority: The government grants patents to inventors, while businesses use trademarks to identify and distinguish their goods or services.
The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark.
Logos are trademarked. You protect a logo by trademarking it. With a logo trademark, you can prevent competitors from using your logo in connection with their products or services.
Patents are intended to protect inventions of a functional or design nature. Trademarks provide protection for indicators of the source of products and services used in commercial trade, such as words or logos. Copyrights provide protection for literary and artistic expressions.
Patents have been used in their modern definition since the 1500s to provide inventors the exclusive right to produce and sell their inventions. Some famous examples of products that have been patented include: The Telephone: Patented by Alexander Graham Bell in 1876. The Lightbulb: Patented in 1878 by Thomas Edison.
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
The presence of a trademark or trade name in a patent claim is not, per se, improper under U.S. patent law (specifically 35 U.S.C. §112(b) or pre- 35 U.S.C. §112, second paragraph).
Patents prevent others from making or selling an invention. Trademarks give the owner exclusive use of certain images and phrases. You commonly see brand names trademarked with a ™ or ® if federally trademarked next to the name.
Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights.
So, let's get started. Step 1: Idea incubation phase. Step 2: Patentability search (optional step) ... Step 3: Patent drafting/writing. Step 4: Filing patent application. Step 5: Publication of application. Step 6: Request for examination (RFE) ... Step 7: Response to objections. Step 8: Grant of patent.