Trademark, Copyright, and Patent

A logo, a novel, and a new kind of hinge are all useful, and all protectable, but not under the same law. Trademark, copyright, and patent each grew out of a different federal statute, aimed at a different problem: telling brands apart in the marketplace, rewarding creative expression, and encouraging people to disclose new inventions in exchange for a period of exclusivity. Mixing them up is a common and costly mistake.

1. Trademark Protects source-identifying brand names, logos, and slogans used in commerce, so consumers can tell whose product or service they are buying. Governed by the Lanham Act, 15 U.S.C. § 1051 et seq. A federal registration lasts 10 years and can be renewed every 10 years indefinitely, under 15 U.S.C. §§ 1058 and 1059, as long as the mark stays in genuine use and the owner files the required maintenance paperwork.
2. Copyright Protects original creative expression fixed in a tangible medium, such as writing, music, software code, and images, under 17 U.S.C. § 102. For works created on or after January 1, 1978, the term runs for the life of the author plus 70 years, under 17 U.S.C. § 302(a). Works made for hire, and anonymous or pseudonymous works, get a flat term instead: 95 years from publication or 120 years from creation, whichever comes first, under § 302(c).
3. Patent Protects a novel, useful, non-obvious invention, meaning a process, machine, manufacture, or composition of matter, under 35 U.S.C. § 101. A utility patent lasts 20 years from the earliest U.S. filing date, under 35 U.S.C. § 154(a)(2), not from the date the patent is granted, though delay caused by the Patent Office can partially extend the term through patent term adjustment.

Each rung is a separate federal statutory scheme; the same product can qualify for more than one form of protection at once.

Why one product can carry all three

A single product often qualifies for more than one kind of protection at the same time, because each one is protecting a different piece of it. A smartphone app often has a trademarked name and logo, copyrighted source code and interface artwork, and one or more patented technical features, all at the same time. None of the three displaces the others. Filing for a trademark does nothing to protect the underlying code, and copyrighting the code does nothing to stop a competitor from using a confusingly similar name.

The differences in duration matter as much as the differences in subject matter. A patent is a bargain: the inventor gets 20 years of exclusivity in exchange for publicly disclosing how the invention works, and after that term runs, the invention enters the public domain for anyone to use. Copyright runs far longer, tied to the author's lifespan, on the theory that creative works deserve a longer runway before they become free for the public to copy. Trademark is the odd one out: it is not tied to a fixed term at all. As long as a business keeps using its mark and keeps filing its renewal paperwork, the mark can be renewed every 10 years without any outer limit.

Where people get it wrong

A recurring error is treating a trademark like it protects a product's design or function, rather than just the brand identifiers attached to it. Trademark law cares about consumer confusion over source, not about whether someone copied your product's engineering or your book's plot. Another common error is assuming an idea alone can be protected. Copyright only covers the specific expression of an idea, not the idea itself, and a patent requires an actual invention, reduced to a concrete process or device, not a general concept. Which regime applies, and how strong the resulting protection is, both depend heavily on the specific facts. This article is general orientation, not a substitute for advice on a specific mark, work, or invention.