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Trademark vs. Copyright vs. Patent—Understanding Intellectual Property and How It’s Protected

Business Management & Entrepreneurship
A copyright mark in black ink followed by "BY NCND" on paper

Published:

Whether you’re an innovator, artist, or entrepreneur, protecting your intellectual property is the only way to maintain control over your original ideas and creations.

Intellectual property is legally protected through patents, copyrights, and trademarks. By following the necessary steps to protect your intellectual property, you can safeguard your unique ideas from theft and reap the full benefits of your hard work.

The REDC at Yavapai College offers quarterly training with the United States Patent and Trademark Office (USPTO) for free training on protecting intellectual property.

We’re the first and only college in the nation to partner with the USPTO to offer these interactive deep dives into patent and trademark protection. By taking part in these training sessions, you'll learn how to secure your intellectual property and navigate the complexities of the patent and trademark process with confidence.

Learn more about these courses and sign up today!

Here’s a quick look at some basics of patents, trademarks, and copyrights so you have a head start on protecting your intellectual property.

What Is Intellectual Property?

Intellectual property is often defined as creations of the mind that are used in commerce. In other words, they’re legally protected ideas and creations that help people conduct business or make money.

Intellectual property comes in many different forms, some of which include:

  • Physical creations
  • Literary creations
  • Original inventions
  • Original designs
  • Artistic works
  • Brand identifiers

Sometimes a single creator has exclusive rights to owning intellectual property, but other times it can be owned by a collaborator, business, or organization. To claim ownership of intellectual property, a creator must apply for a trademark, copyright, or patent.

We offer a Federal Acts and Legal Compliance course that can teach you everything you need to know about identifying potential legal issues in the workplace. Image: Someone examining a lightbulb over a desk with several lightbulbs. Text: Intellectual propery includes ideas and creations that help people conduct business or make money

What Is a Trademark?

Trademarks help businesses, companies, and organizations distinguish themselves from others. This allows them to create unique brands while preventing other brands from copying their proprietary assets.

Trademarks are equally important for both the business owner and the consumer. As a business owner, it helps you build a unique reputation and establish trust with your customers. As a consumer, it helps you easily distinguish between different brands and select the product that you actually want.

Read our related article to discover how to build a brand on Instagram. Image: A man showing his coworker a page of brand assets and logos. Text: What is a trademark? Grants exclusive rights to brand assets - bust submit an application to USPTO - expires after 10 years

What Do Trademarks Protect?

Trademarks protect a variety of proprietary assets that relate to a brand. Some of these brand assets include:

  • Specific words or phrases
  • Slogans
  • Logos
  • Symbols
  • Colors
  • Product packagings

Anything that directly relates to a brand’s identity, reputation, or distinguishing characteristics can be protected by trademarks. This helps protect unique ideas and eliminate brand confusion for consumers.

How Do You Acquire a Trademark?

To acquire a trademark, you must submit an application to a trademark office like the United States Patent and Trademark Office (USPTO). Before submitting your application, it’s important to ensure your brand assets don’t conflict with an established brand.

Your trademark application should include a clear representation of your brand assets, a description of goods or services relating to your brand, and an intent to use your trademark in commerce. Once submitted, the trademark office will review your application and register your trademark for official use.

Trademarks typically last for 10 years, but they can be renewed indefinitely.

Read our related guide for the top 7 logo design principals for an unforgettable brand.

What Is a Copyright?

Copyrights give artists and creators exclusive rights to reproduce, distribute, perform, or display their works. This prevents others from reproducing or copying a creator’s work without their permission.

Copyrights give creators economic and creative control over their works. This grants them the exclusive right to profit off their creation and dictate how their work is used and presented to the public. No image. Text: What is a Copyright? -grants exclusive rights to creative works - optional application can be submitted to US Copyright Office - Expires 70 years after creator's death

What Do Copyrights Protect?

Copyrights protect a wide range of creative works, including:

  • Literary works
  • Music
  • Art
  • Movies and TV shows
  • Photographs and videos
  • Videogames

Copyrights protect any creative work that is original and able to be sold, reproduced, or performed. By securing a patent, a creator can profit from their works and protect their creative efforts.

Read our related article for 6 photography tips for beginners.

How Do You Acquire a Copyright?

In the United States, creative works are automatically protected by copyright laws as soon as they’re created and put into a tangible medium. Tangible mediums include any digital or physical form where creative work is recorded, such as on paper, film, or digital files.

That being said, you can still file a copyright application for additional protection against infringement. Copyright applications can be submitted through the U.S. Copyright Office, and they can provide you with official proof of ownership over your creative works.

Creative works are protected under copyright laws for 70 years after the creator’s death. For anonymous works or works for hire, copyright laws last for 95 years after first publication or 120 years from creation, whichever is shorter.

What Is a Patent?

Patents allow inventors to make, sell, and distribute their unique inventions. They not only grant exclusive rights to inventors, but they also prevent others from copying their ideas and capitalizing off them without their permission.

Becoming a patent holder can be a lucrative opportunity for several reasons. If you’re a business owner, it allows you to stand out from the competition and sell a unique product. If you don’t own a business, you can license your patented invention to other companies, allowing you to make a profit without having to manufacture the product yourself. Image: Three people examining an invention for a patent. Text: What is a patent? -grants exclusive rights to new inventions - must submit an application to USPTO - Expires after 20 years

What Do Patents Protect?

Patents protect a variety of unique inventions, products, and ideas. This can include:

  • Technological inventions
  • Mechanical inventions
  • Innovative processes
  • Unique software
  • Unique designs
  • Medical devices and treatments

In general, patents protect any unique invention that solves a problem in a new way or improves an existing product or process.

Looking to create unique software? Read our related article to answer the question: Is a computer science degree worth it?

How Do You Acquire a Patent?

To acquire a patent, you must submit an application to a patent office like the U.S. Patent and Trademark Office, known as the USPTO. For them to consider your application, it must be new, useful, and not obvious to someone skilled in that field.

When creating your application, be sure to include a description of your invention, any drawings or diagrams that you may have, and all aspects of your invention that you wish to be patented. Once your patent has been accepted, it will be active for 20 years.

If you are still in the early stages of your invention, you can apply for a provisional patent. This allows you to protect your idea while you’re still working on it. If you want your invention to be protected globally, you must apply for an international patent.

Protect Your Intellectual Property with the REDC and USPTO

Learning how to protect your unique ideas and creations can be difficult, especially if you’re just starting out as an entrepreneur, artist, or creator.

That's why the REDC at Yavapai College has teamed up with the USPTO to bring you free expert training sessions! These sessions are offered quarterly, so if you missed the last one, don’t worry—a new session is just around the corner!

Our training runs once a week for 90 minutes for 8 weeks. These are live, interactive sessions, and each one wraps up with a Q&A where you can engage directly with USPTO trademark experts.

Whether you're looking to attend the full series or just sessions on the topics that interest you most, it’s up to you! Just remember to register for each module you'd like to join. Complete all eight modules, and you’ll even earn a certificate of attendance!

Register today to reserve your spot and learn how to protect your work, stand out in your market, and ensure your ideas remain yours.

Home LinkThe REDC is a Division of Yavapai College.Go to yc.edu

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