Patents vs. Trademarks

You are advised to rather never attempt to protect any innovation by trade marking it when there is a possibility of a patent available. Patents will protect useful and new innovations. This can be anything from pharmaceuticals to gadgets or software to trademarking brand names, source designators or logos. It will also help to protect you from your competitors who would like to make, sell or use anything which is included in your patented innovation.

Trademarks will also prevent any of your competitors of using too similar or confusing trademarks in any type of fashion. This will prevent them from selling, making or using your innovation trademarks to provide any type of exclusivity to the use of any of the trademarks or patents which provide exclusivity to the innovation.

Should you try to shield your innovation with only a trademark instead of investing in a patent then you are betting on a losing horse. The reason for this is that if your innovation has any type of commercial success then your hard worked and hard earned success will give your competitors a completely free market survey as was very well explained in post.

Trademark exclusivity will run to the brand name and definitely won’t include the product. Patent exclusivity will run to the actual product and not only to the brand name. A simple example of this would be McDonald’s acquiring a large degree of using their trademark completely exclusively. Yet this does not extend to the hamburger. You are allowed to make as well as sell burgers in what amounts to similar appearance to their burgers and taste as you would like, but you are not allowed to call them McDonald’s burgers.

Remember that trademarks are by now means a cure to the many other limitations and thresholds of the otherwise amazing and great patent and their associated powers. Trademarks cannot provide you product exclusivity but only the brand exclusivity. So you will need both the protection of trademarks and patents in order to protect your patent invention from your competitors. It will also help you to monopolize your industry much better and you can read much more about it on as well.