Trademarks vs. Patents

Trademark - Provides protection for a name, logo, or any other type of design that identifies a company's products or services. This is a means of differentiating brands from their primary competitors. Trademark owners get exclusive rights, the ability to license branding, and the ability to pursue litigation for infringement.

Patent - Protects for the invention of a product, idea, or formula, and forbids others from reproducing, using, and selling it for a period of time. They are broken down into three categories. Respectively, utility and design patents protect the functional and ornamental aspects of new inventions. Plant patents are given to breeders of new plant life.

Trademark or Patent - Businesses should get trademarks to protect the branding of their products and services, and should get a patent if they are selling something that has a unique functional value or ornamental design.