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The Difference Between Trademark, Copyright, & Patent
Which type of protection is right for me?
| Provisional Patent | Copyright | Trademark | |
|---|---|---|---|
| Recommended For | An invention with a function (such as a machine, manufactured item, process, or chemical composition) | An original creative work (such as a play, novel, song, sculpture, photograph, choreography or architectural plan). | A name, logo or symbol used to identify commercial goods or services. |
| Which federal office issues this protection? | U.S. Patent and Trademark Office | U.S. Copyright Office | U.S. Patent and Trademark Office |
| How long can the benefit/ protection last? | 1 year | Lifetime of the author, plus 70 years. | 10 years You can renew your trademark every ten years. |
| Where is this protection valid and enforceable? | Within the U.S. | Within the U.S. | Within the U.S. |
| Are maintenance fees required? | Provisional Applications for Patent do not require a maintenance fee. | Copyrights do not require a maintenance fee. | Trademark protection does not require a maintenance fee. To renew your trademark every 10 years, the government charges a fee. |
| Can I renew? | Provisional Applications for Patent are non-renewable. | Copyrights are non-renewable. | Yes. Trademark protection is renewable every 10 years following the initial registration. |
| If I don't file an application, do I still have ownership rights? | Without a Provisional Application for Patent, you are not assured ownership. Filing a Provisional Application is a first step toward securing ownership rights with a Non-Provisional Utility Patent. | Without a registered copyright, you still own your creative work. But with a registered copyright, your ownership can be legally verified and you can enforce federal copyright protection laws. | Without registering your trademark, you can still use the mark. But with a registered trademark, you have exclusive rights to use your mark, and you can enforce federal trademark protection. |
| Who typically applies for this protection? | Inventors | Authors, artists, choreographers, and architects. | Business or product owners. |
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