Trademark, Patent and Copyright: What is the Difference and When to Use Each

Introduction

One of the most common questions among entrepreneurs is the difference between trademark, patent and copyright. Although all are forms of intellectual property, they protect different things and have distinct legal regimes.

What is a Trademark?

A trademark is a distinctive sign that identifies a company's products or services, distinguishing them from those of other companies.

Registration

• INPI (Portugal): national protection
• EUIPO (European Union): protection in all member states
• WIPO (International): protection in multiple countries via Madrid Protocol

Duration

Trademark registration is valid for 10 years and can be renewed indefinitely.

What is a Patent?

A patent protects a technical invention — a new solution to a technical problem.

Duration

• Invention patent: 20 years protection
• Utility model: 6+2+2 years (maximum 10)

What is Copyright?

Copyright protects original literary, artistic and scientific works. Unlike trademarks and patents, copyright does not require registration — it arises automatically with the creation of the work.

Duration

Copyright lasts, as a rule, 70 years after the author's death (in the European Union).

Summary Comparison

Conclusion

Proper intellectual property protection is essential for any business. Understanding the differences between trademark, patent and copyright enables informed decisions about protecting intangible business assets.

This article is for informational purposes and does not constitute legal advice.