Trademarks, copyrights, and patents all provide protection for intellectual property but the kinds of intellectual property they protect may be different and the protections afforded by each are different as well.

A trademark is a source indicator.  This means that the purpose of a trademark is to indicate who is responsible for producing the item bearing the mark.  When a consumer recognizes a trademark, the consumer may be more or less likely to consume the product bearing the mark based upon the consumer’s perception of the mark.  Symbols, words, phrases, pictures, and other source indicators may be eligible for trademark protection, which enables the owner of the mark to prevent others from using the mark in situations which may confuse the consumer as to who is the source of the product bearing the mark.  Trademark protection may endure for as long as the mark is used.

Copyright protection gives a creator of an original work the exclusive right to control the distribution of that work.  The copyright may also provide other rights to the creator, such as the right to determine who may receive financial benefits from the work.  A copyright is generally limited in time and after the expiration of the copyright protection, the work enters into the public domain and may be used freely.

A patent provides the inventor of a useful invention with the ability to exclude others from making, using, selling, or importing the invention in the United States.  There are at least three different kinds of patents that may be obtained.  A utility patent provides protection for the structure of a useful device.  A design patent provides protection for the aesthetic design of a device.  A plant patent provides protection for a newly created species of plant.  A patent, like a copyright, is limited in time.