Difference between Trademark and Patent
|
Basis |
Trademark |
Patent |
|---|---|---|
| Definition | Trademarks are recognizable signs distinguishing goods or services. | Patents are exclusive rights granted to inventors for inventions. |
| Scope of Protection | Trademarks protect specific identifiers like logos, slogans, etc. | Patents protect entire inventions, providing broad coverage. |
| Purpose | Trademarks prevent confusion and establish brand identity. | Patents incentivize innovation by granting temporary monopolies. |
| Duration | Trademarks can be renewed indefinitely as long as in use, and registration is valid for 10 years. | Patents last for 20 years from the filing date and are not renewable. |
| Application Process | Trademarks can be based on use in commerce or intent to use. | Patents require a detailed application and an examination process. |
| Protection | Trademarks protect the brand in connection with specific goods/services. | Patents protect the entire invention, providing exclusive rights. |
| Infringement | Trademark infringement involves the likelihood of confusion or dilution. | Patent infringement occurs with unauthorized making, using, or selling. |
| Renewal Requirement | Trademarks need renewal based on continuous use. | Patents do not require renewal; protection lasts for a fixed period. |
| Public Disclosure | Trademarks do not require public disclosure of product details. | Patents demand detailed public disclosure of the invention. |
| Examples | Cola-Cola, Nike, and Apple logos are iconic trademarks. | Examples of patented inventions include medical devices or software algorithms. |
Difference between Trademark and Patent
Although they have different functions, patents and trademarks are both types of intellectual property protection. A trademark is a distinguishing sign, symbol, or expression that is used to identify goods or services of different parties; whereas, a patent gives the owner of a new invention exclusive rights, prohibiting others from creating, utilizing, or commercializing the idea without authorization.