5 Differences Between a Trademark, Copyright, and Patent: A Plain Guide From Braslow Legal

Trademarks, copyrights, and patents all protect intellectual property, but they cover different things and work under different rules. Mixing them up can leave part of a business unprotected. Braslow Legal advises clients on trademark and copyright matters. This guide explains five key differences, then lists law firms serving the Altamonte Springs area. Think of a coffee company: its name and logo are trademarks, its website photos and copy are covered by copyright, and a new brewing device it designs could be patentable.

What does each type of protection actually cover?

A trademark protects things that identify the source of goods or services. A copyright protects original creative works. A patent protects inventions.

Trademarks include brand names, logos, slogans, and sometimes distinctive packaging. Copyright covers original works of authorship, such as writing, music, photographs, software code, and artwork, once they are fixed in a tangible form. Copyright protects the expression of an idea, not the idea itself. Patents protect new, useful, and nonobvious inventions, including machines, processes, and chemical compositions. Design patents cover the ornamental appearance of a functional item.

When do your rights begin?

Copyright begins automatically when a work is created. Trademark rights begin with use in commerce. Patent rights don’t exist until the USPTO grants a patent.

Copyright attaches the moment a work is fixed, with no registration needed. For U.S. works, though, you generally must register with the U.S. Copyright Office before you can file an infringement lawsuit. The Supreme Court confirmed this in its 2019 decision in Fourth Estate v. Wall-Street.com.

Trademark owners get common law rights in the geographic area where they actually use the mark. Federal registration expands those rights nationwide and creates a public record of ownership.

Patents work differently. An inventor has no enforceable right until the patent issues. Inventors also need to watch their own disclosures: under U.S. law, you generally have one year after publicly disclosing your own invention to file an application.

How long does each one last?

A trademark can last indefinitely, a copyright usually lasts for the author’s life plus 70 years, and a utility patent typically lasts 20 years from filing.

Federal trademark registrations stay in force as long as the mark is in use and the owner makes the required filings. That means a declaration of use between the fifth and sixth years after registration, then a renewal every 10 years.

Copyright in works by individual authors lasts for life plus 70 years. Works made for hire last 95 years from publication or 120 years from creation, whichever ends first.

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after grant. Design patents filed since May 2015 last 15 years from the date of grant.

Where do you file, and what does it cost?

Trademarks and patents are filed with the U.S. Patent and Trademark Office. Copyrights are registered with the U.S. Copyright Office, which is part of the Library of Congress.

Since January 2025, the USPTO base fee for a trademark application has been $350 per class of goods or services. Copyright registration costs much less: $45 for a Single Application covering one work by one author, or $65 for a Standard Application. Patent costs vary widely depending on the type of application and the applicant’s size. Small entities and micro entities get significant fee reductions.

What counts as infringement for each?

Trademark infringement turns on likelihood of confusion. Copyright infringement requires copying protected expressions. Patent infringement can happen even without any copying.

A trademark owner must show that consumers are likely to be confused about who is behind the goods or services. A copyright owner must show the other party copied protected expression, and defenses like fair use may apply. A patent owner can stop others from making, using, or selling the claimed invention, even if the other party came up with the same idea independently.

Which law firms serve businesses near Altamonte Springs?

These five firms work with clients across the greater Altamonte Springs area:

• Braslow Legal
• The Soto Law Office, P.A.
• Friedman Law, P.A.
• McLeod Law Firm
• Denise L. Adkins P.A.

1. Braslow Legal

Braslow Legal, led by Neil D. Braslow, Esq., practices trademark, copyright, and business law for clients in Florida and New Jersey. On the trademark side, the firm handles clearance searches, federal applications, USPTO Office Action responses, and portfolio monitoring. On the copyright side, it handles registration and enforcement, including drafting and enforcing settlements.

The firm also advises on business formation, contracts, website terms and privacy policies, employment and vendor agreements, nonprofit compliance, and sports and entertainment matters. Patent applications must be handled by a practitioner registered with the USPTO’s patent bar, so clients with inventions should confirm that their counsel holds that registration. Braslow Legal offers a complimentary 30-minute consultation.

2. The Soto Law Office, P.A.

The Soto Law Office is an Altamonte Springs law firm serving local clients.

3. Friedman Law, P.A.

Friedman Law is a Lake Mary law office representing clients in Central Florida.

4. McLeod Law Firm

McLeod Law Firm is an Apopka practice serving individuals and families.

5. Denise L. Adkins P.A.

Denise L. Adkins P.A. is a Winter Springs law office serving clients across Seminole County.

Which protection does your business need?

Many businesses need more than one. A brand name calls for trademark protection, original content calls for copyright, and a genuine invention may justify a patent. Start by listing what your business has created and what makes it recognizable, then match each item to the right protection. Taking stock early makes it easier to file on time and avoid disputes later.