What is the difference between a trademark and a patent?

A trademark protects brand identifiers such as logos, names and slogans, and can last indefinitely as long as it stays in use and is renewed. A patent protects a technical invention for a limited term, typically 20 years from filing.

Trademark and patent side by side

TrademarkPatent
ProtectsBrand names, logos, slogans, trade dressInventions, processes, technical improvements
Typical durationRenewable every 10 years, indefinitelyTypically up to 20 years from filing
Ongoing feesRenewal every 10 yearsRenewal fees, annual in most countries
Extra upkeepProof of use in some jurisdictionsNone beyond the fee
How it endsNon-use, or a missed renewalThe term runs out, or a fee goes unpaid

How does trademark renewal work?

In most jurisdictions, including the EU and the US, a trademark owner renews every 10 years and can keep doing so indefinitely. The mark must stay in genuine use in commerce.

Some offices ask for evidence of that use. In the United States a Declaration of Use must be filed between years 5 and 6 after registration, separately from the renewal itself.

How does patent renewal differ?

A patent has a hard end date. Renewal fees are due annually in most countries, they rise as the patent ages, and paying them cannot extend the patent past its maximum term.

Missing a payment ends protection in that country early, whatever the position elsewhere. Most jurisdictions allow a grace period with a surcharge, but not all of them do.

Can one product need both?

Often. A new appliance can hold a patent on the mechanism inside it and a trademark on the brand name printed on the outside. They protect different things and renew on completely different schedules, which is where portfolios that mix them tend to slip.

Trademark vs. Patent: What Is the Difference?

Read more about...

How to patent a logo?
You cannot patent a logo, but a trademark protects it. Learn how to register a logo and how renewal keeps that protection alive indefinitely.
What does "patented" mean?
Patented means a patent office has examined an invention and granted exclusive rights to it. Learn what the label covers and where it applies.
What are patent claims?
Patent claims define the legal boundary of an invention. Learn the three main types and why their exact wording decides what is protected.