What are the differences between patents and trademarks?
Patents and trademarks can be confusing, as both are a right granted for the exclusive use of the trademark or the patented element for a period of time. Furthermore, both concepts are territorial, that is, the legal protection of industrial property rights is only granted in the country where it has been requested and granted.
Next, we are going to describe the differences between patents and trademarks, not only because they are two different concepts but also because there are important distinctions between them.
A brand is a symbol or a distinctive name that makes it possible to differentiate and make the company’s products and services unique. In this way, the brand gives meaning and identity to a specific product or service, creating an ideal or image in the consumer’s mind. If you want to know
how to register a trademark, where to register marks o how much does it cost to register a brand, visit the previous posts.
A patent is the means by which inventors protect their rights. That is why the patent is also known for invention patents. Therefore, patents are all the rights that are granted to an inventor, both legal and physical, for the invention of a new product, technology …
DIFFERENCES BETWEEN PATENTS AND BRANDS
Once both concepts are known, it is time to detail the main differences between patents and trademarks in Spain and internationally.
1. Object of protection
The main difference between patents and trademarks is in the element they protect. On the one hand, the brand protects the products and services that already exist, managing to differentiate themselves from each other by the brand that represents them. While a patent protects a new product or technology.
2. Duration of registration
Another difference between patents and trademarks is the duration of the registration, because once registered, the trademark grants its owner the exclusive right of use over it, generally for the duration of 10 years renewable for equal periods of time. . On the other hand, the registration of patents in Spain and throughout the world is valid for 20 years without extension, although this statement may vary depending on the country and the product.
3. Concession rights
The last difference between patents and trademarks are the rights they grant. On the one hand, the rights to grant patents in Spain is to avoid the plagiarism of inventions, safeguarding ideas and inventions, and therefore preventing other users from making or selling the patented invention. On the other hand, registering a brand guarantees the quality of the elements of said brand and allows them to stand out against the competition. In other words, trademarks protect the words, phrases, symbols, logos, or other devices that are used to identify the origin of the goods or services of use by other competitors.
Therefore, the differences between patents and trademarks are found in the legality of use of the concept. Therefore, the patent gives patent granting rights in Spain and throughout the world, in a way that prevents other people from manufacturing, using or benefiting in any way from an invention or creative innovation, without the consent of the inventor. On the other hand, the brands do not refer to how a new technology is used. Rather, they protect product and service names, logos, and other devices that are used to identify the origin of the goods or services and distinguish them from the competition.
Because we are talking about the differences between patents and trademarks, we have to refer to a very common mistake. This error is found in the concept of “trademark patents”. This concept does not exist, and it is a general error that we must try to eliminate from our vocabularies. This term should not be used, because it does not refer to any related element in patents and trademarks.
Hopefully both concepts are clearer now. Otherwise, do not hesitate to contact us. At Lidermark, patents and trademarks we are at your service, for any question you have send us an email and we will respond as soon as possible or if you prefer, make an appointment with us.