What is the difference between a patent and a trademark, and when would you pursue each?

• A. Patent protects inventions and functional aspects; trademark protects brand identifiers; file patents for unique products/processes, trademarks for brand names/logos.
• B. Patent protects brand identifiers; trademark protects inventions; file patents only for marketing materials.
• C. Patents and trademarks are the same; file whichever is cheaper.
• D. Patents protect logos; trademarks protect software code.

Answer: (A)

Patents protect inventions and functional aspects, while trademarks protect brand identifiers. You pursue a patent when you have a new device, process, or technical improvement and want to stop others from making, using, or selling that invention for a period of time. This covers practical features, mechanisms, or methods that are novel and non-obvious. A trademark, on the other hand, is about protecting the identity of your business in the marketplace—names, logos, slogans—so customers can recognize and distinguish your products or services and you can prevent others from using confusingly similar marks. Trademarks can last indefinitely as long as you keep using the mark and renew protection.

So choose a patent when the goal is to secure exclusive rights to a new invention or its functional aspects; choose a trademark when the goal is to safeguard the brand identity that customers associate with your products or services. The other options confuse which rights apply to branding versus technical innovations, or suggest they’re interchangeable.