Difference Between a Trade Mark and a Patent in England

Intellectual Property (IP) rights can be complex for business owners to understand. Some types of intellectual property may be relevant to your business, others not. It is essential to be aware of your company’s various IP assets. This article will explore the differences between a trade mark and a patent so you can consider which is appropriate for your business.

What Do Trade Marks Protect?

Trade Marks protect your business’ brand. You can use trademarks to legally protect your:

• business name; 
• logo; and 
• any essential products or other elements integral to your business’ brand. 

Having a registered trade mark for your business gives you specific rights. Not only does trade mark registration give you the exclusive right to use that trade mark, but you can also decide whether you want to allow others to use it. It potentially adds value should you ever decide to sell your business. 

The UK Intellectual Property Office (UK IPO) handles all UK trade mark applications. To be valid for trade mark registration, your trade mark must be unique and distinctive. If your chosen mark is too similar to an earlier trade mark, you will not be able to register your trade mark. Your trademark can be:

• words;
• sounds;
• images;  
• colours;
• or any combination of the above.

If your trade mark is not valid for trade mark registration, you can hold an unregistered trade mark. You can prove your ownership of this through the use and the build-up of reputation and goodwill in that brand. If anyone infringes your unregistered trade mark, it can be challenging to establish a legal claim. As such, obtaining a trade mark registration makes it much easier to take legal action.

What Do Patents Protect

Patents protect inventions. If your business creates brand-new inventions, you may need a patent to prevent anyone else from marketing or selling products that use your invention.

To obtain a patent, you must:

• design your invention to be made or used;
• ensure it is new and inventive, so not an obvious modification of something already existing; and 
• keep your invention secret.

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Key differences

The following section explores critical differences between trade marks and patents. 

Registration Process

Although you can apply for both patents and trade marks online through the UK Intellectual Property Office, a difference between a trade mark and a patent is that applying for a trade mark is more straightforward than for patents. 

To apply for a trade mark, you need to:

• describe what you would like to trade mark, such as by uploading an image; and
• decide which trade mark class or classes you would like to register your trade mark in. 

The application fees for trade mark registration are £170 for one trade mark in one class and £50 for each additional class. It usually takes around four months to grant your trade mark. Whilst you can seek the help of a trade mark attorney to apply for a trade mark, many applicants choose to go it alone.

Patents, however, are more challenging to obtain than trade marks. They:

• are more expensive where the cost depends on detail in the application;
• take much longer to get a patent (usually several years);  
• have several stages; and
• require a large amount of evidence to be submitted;

Therefore, most people seek the professional advice of a patent attorney or intellectual property lawyer in submitting patent applications. 

Length of IP Protection 

Another key difference between a trade mark and a patent is how long the protection lasts. 

Once granted, a trade mark lasts for ten years, and you can renew it. There is no limit to how many times you can renew your trade mark, so you can potentially keep your trade mark indefinitely. 

Conversely, a patent initially lasts for four years and must be renewed every year, up to a maximum of 20 years. The cost to renew the patent increases yearly, starting at £70 for the first renewal, and rising to £610 by year 20.

Key Takeaways

Patents protect inventions, whilst trade marks protect your business name and brand. Businesses that invent new products will be interested in obtaining patents, whereas all companies will benefit from registered trade mark protection. There are differences between patents and trade marks, such as the cost and length of protection.

Frequently Asked Questions