Trademark Rights versus Copyrights and Patents

Trademarks are considered intellectual property, just like copyrights and patents, but the rights conferred under trademark law differ considerably from copyrights and patents. The article, What Is a Trademark?, gives a detailed definition of trademarks.

This article distinguishes trademarks from copyrights and patents.

Trademarks versus Copyrights

Trademarks and copyrights, while distinct and separate, can often overlap. Copyrights protect creative works such as writings, visual art, music and audio recordings from unauthorized reproduction. If someone wants to reproduce or sell a copyrighted work, they must first get the permission of the copyright holder.

Trademarks, on the other hand, protect phrases, words and symbols used to identify a product and signify its origins. Trademark rights prevent someone from using a trademark in a way that would cause significant consumer confusion about the source of goods for sale. While copyrights generally aren't available for titles and phrases, a trademark might be.

Trademark rights don't prevent the reproduction of a trademark, but they do prevent someone from using a trademark in a way that would lead consumers to believe the good they were buying came from somewhere it did not.

Trademarks and copyright sometimes co-exist in the same work. For example, suppose a company creates a stylish logo to promote its products. The company owns a copyright in the logo, and (assuming the logo meets the standards for trademark protection) could own a trademark in the logo as well. The copyright prevents someone else from reproducing the logo, while the trademark rights prevent any use of the logo in the marketplace that may confuse consumers as to the origin of goods.

Trademarks versus Patents

Patents give inventors a monopoly on the manufacture, use or sale on certain types of inventions. Patents are available for useful inventions, certain types of plants and designs of products. The kind of patent most people are familiar with is the utility patent, which protects useful inventions. For example, if Fred comes up with a revolutionary new mousetrap design, Fred can get a patent over the new mousetrap that will prevent anyone else from making, using or selling that particular type of mousetrap for the life of the patent.