The Difference Between Patents and Trademarks

By: Chet Lawrence | Posted: 05th November 2009


1. Plant patent - a type of patent wherein anyone formulates a new variety of plant commonly through asexual reproduction.
2. Utility patent - a type of patent wherein anyone uncovers any new and functional procedure, mechanism, piece of manufacture, composition of matter or any innovative development.
3. Design patent - a type of patent wherein anyone invents a contemporary, innovative and ornate design for an article of manufacture.

Trademark Defined

A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors.

Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components.

Uses of Patent and Trademark

With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your "mark."

A patent is commonly administered by the government so that the public may be able to utilize it. Conversely, a trademark is commonly managed and utilized by entrepreneurs for their own good since trademarks are usually being used as an effective marketing tool.

Benefits of Patent and Trademark

An exclusive ownership - that is the primary benefit when an individual decides to patent his work or someone decides to register a trademark. With this, other people will be prevented from creating, using or selling the ones you have such as an invention or a "mark."

You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.

The Registration Process

In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as "patent specification."

For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your "mark." Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.

Both patent and trademark application has its corresponding filing fees. The approval of patent and trademark is being managed by the United States Patent and Trademark Office (USPTO).

There are people or institutions who can help you deal with your patent or your trademark registration. For instance "The Investors Assistance Center" is an agency which can help you with topics concerning patent. On the other hand, a professional lawyer who specializes in federal trademark may be of help on your queries about trademark registration.

The idea of an individual may it be in the form of an invention or simply a signage is an important asset of one's society. Knowing how to properly utilize it as well as take good care of it can hold a lot of benefit not only to the discoverer but to the whole nation as well.

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Tags: entities, phrase, effective marketing, benefit, marketing tool, institutions, discovery, invention, inventor, reproduction