The Difference Between a Patent and Trademark What is the difference between a patent and a trademark? The two can be confusing. However, failing to know the difference between the two can cause significant risk and loss. How can you protect the invention you created from people who might want to copy or steal it? How can you protect your brands from people who might want to copy them? A trademark is a symbol, design, word, and phrase that recognizes and distinguishes the source of the goods of one person or company from the other person. A patent is a legal right granted to an inventor to manufacture, sell, or use the invention. The USPTO issues a patent and a trademark. This article will lighten your questions by explaining the difference between patents and trademarks.
How Do You Obtain a Trademark?
You can obtain it by registering a trademark with the United States Patent and Trademark Office You can obtain it by registering a trademark with the Canadian Patent and Trademark Office There are no legal requirements to register. When you register your trademark, you gain an added degree of legal protection which includes:
• Using the ® symbol
• Rights to use the mark on goods and services that you registered
• Legal ownership nationwide
• A public notice recognizing you as the legitimate owner of the mark
• Financial compensation when infringement occurs
Trademark filing has no deadline, but the filing date for a trademark with USPTO is significant. If another person tries to trademark something similar to your mark, USPTO will use the dates to decide who filed the trademark first. Taking too long to file could put you at risk of not using the mark for your business.
How Do You Obtain a Patent?
A patent is an exclusive right that is granted by the USPTO to the owner of an invention. A patent relates to a process or a product; one of the benefits of registering a patent is that the inventor has exclusive rights to the patented invention. For you to get legal enforcement rights in the United States, you must apply for a patent at the USPTO, and they must approve your patent.
How to Patent File Patent?
There is a deadline for filing a patent, you must file with the USPTO within 12 months of the introduction of the invention to the public, and if you fail to submit your application within the time frame, you risk losing the chance to patent your idea. When approved, patents are enforceable for 20 years if all the related maintenance fees are paid. However, there is a loophole when filing a patent. There is a standard application for non-provisional patent with a 20-year term. But if you can’t file within 12 months, you can file a provisional patent application. The cost usually ranges from $8,000 to $15,000 once the legal fees are added.
Now you know..Cousley&Company