What is the difference between a trademark and a patent?

Trademarks and patents are distinct forms of intellectual property with different purposes:

  • A trademark protects brand identifiers such as logos, names, slogans, and trade dress. Unlike patents, trademarks do not have a fixed expiration date. If the trademark remains in use and the owner files the necessary renewal applications and proof of use, the protection can continue indefinitely.

    In most jurisdictions (e.g., the EU and the US), trademark owners must renew every 10 years. In the U.S., for example, a Declaration of Use must also be filed between years 5 and 6 after registration to maintain the mark.
  • A patent protects technical inventions, such as new products, processes, or improvements. Patent protection lasts for a limited time, typically 20 years from the filing date for utility patents.


During that term, the owner must pay renewal (or maintenance) fees, which are due annually in most countries. These fees vary by jurisdiction and increase over time. If the patent holder fails to pay on time, the patent will lapse, and the invention will no longer be protected.

Trademark vs. Patent: What’s the Difference?

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