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Trademarks and Patents: What They Are and Main Differences

In the world of intellectual property, the terms "trademark" and "patent" are often confused, but they actually refer to two distinct concepts with specific purposes.

14-03-2025
3 mins to read

In the world of intellectual property, the terms "trademark" and "patent" are often confused, but they actually refer to two distinct concepts with specific purposes. If you are considering participating in an auction or investing in online auctions to acquire rights to products or inventions, it is essential to understand the differences between these two legal instruments.

What Are Trademarks?

A trademark is a distinctive sign that allows a product or service to be identified and distinguished from competitors. It can be represented by a name, logo, symbol, or a combination of these elements. The primary goal of a trademark is to ensure the uniqueness of a brand and its recognition in the market.

Types of Trademarks:

Word mark: composed of words or letters without specific graphic elements.
Figurative mark: characterized by a symbol, design, or logo.
Three-dimensional mark: refers to the specific shape of a product or its packaging.
Sound mark: represented by a distinctive sound associated with a brand.

Trademarks are registered with the relevant authorities, such as the Italian Patent and Trademark Office (UIBM) or the EUIPO for European-level protection. Registration grants the exclusive right to use the trademark and the ability to take legal action against unauthorized use.

What Are Patents?

A patent is a legal title that grants its owner the exclusive right to exploit an invention for a limited period, usually 20 years from the filing date. The invention must meet three fundamental requirements:

Novelty: it must not be known to the public before the patent application is filed.
Inventive step: it must not be obvious to an expert in the field.
Industrial applicability: it must be capable of being produced or used in an industrial setting.

A patent can cover a product, an industrial process, a manufacturing method, or a new technology. Once the patent expires, the invention enters the public domain and can be freely used by anyone.

Key Differences and Why They Matter

Although both trademarks and patents protect intellectual property, they do so in entirely different ways. A trademark is associated with a company's identity or a product's branding, while a patent protects a technical invention.

One of the most significant differences concerns protection duration: trademarks can be renewed indefinitely, ensuring long-term brand identity, while patents have a fixed lifespan of 20 years, after which others are free to use the invention.

Another key difference relates to registration requirements. A trademark must be distinctive and non-deceptive, but does not necessarily need to be innovative. A patent, on the other hand, must meet stricter criteria: it must be new, non-obvious to an expert in the field, and have concrete industrial applicability.

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