Starting a business is exciting, but it’s also full of questions, especially when it comes to protecting what you’ve created. With competition and globalization at an all-time high, your intellectual property (IP) is something you simply cannot afford to ignore.
This is something that business owners will come across at some point in their journey, and it’s better to think about this sooner rather than later. The major issue is that most of us aren’t lawyers. We aren’t experts on IP law, and can barely tell the difference between a trademark, a copyright and a patent – yet we need to protect our ideas without cashing out money that we may not have.
In this blog, we aim to make things a little more clear, even if you’re a beginner. What’s the difference between a trademark, a copyright, and a patent—and which one does your business actually need?
Let’s break it all down in simple terms so you can start to navigate the business of protecting your ideas without needing a law degree.
Please note that this isn’t legal advice, and while you can get a better understanding through this article, we highly suggest that you speak to a licensed IP attorney before making any major decisions regarding your IP.
What Is Intellectual Property (IP), Anyway?
Intellectual Property is anything original that you create with your mind and want to legally protect. That could be your business name, your product design, your software code, your artwork, your slogan… even your secret recipe.
There are three main types of protection:
- Trademarks
- Copyrights
- Patents
Each one protects something different, and depending on your business, you might need one, two, or all three.
What Is a Trademark?
A trademark protects your brand identity—the things that help consumers recognize your business.
What it covers:
- Business name
- Logo
- Tagline or slogan
- Product or service names
- Brand colors or sounds (in some cases)
Example:
If you own a bakery called Sweet Rise and you want to make sure no one else can use that name in the food industry—you’d apply for a trademark.
Why you might need it:
If you’re building a brand and don’t want someone else to copy or confuse your identity, a trademark helps ensure you legally own your brand name and visual identity in your niche.
How to get it:
- In the U.S., you register through the USPTO.
- Costs range from $250–$350 per class of goods/services.
- You’ll need to show you’re already using the name/logo in commerce or that you intend to do it soon.
What Is a Copyright?
A copyright protects original works of authorship—things you’ve written, designed, recorded, or otherwise created in a fixed form.
What it covers:
- Website content
- Ebooks and blog posts
- Photos, videos, and artwork
- Software code
- Music or podcasts
- Course materials
Example:
If you create an original video course, take your own product photos, or write all the copy on your website, you automatically own the copyright the moment it’s created.
Why you might need it:
To stop others from copying your written or visual content, especially if you’re in a creative or content-driven business.
How to get it:
- Copyright is automatic upon creation in a tangible format (e.g., written down, recorded).
- You can register it with the U.S. Copyright Office to get extra legal protections, like the ability to sue for damages. We always recommend this option, as it’s an affordable way to ensure you do have those extra protections.
- Filing usually costs between $45–$65.
What Is a Patent?
A patent protects new inventions, processes, or product designs that are novel and non-obvious.
What it covers:
- Physical inventions
- Machines or mechanical devices
- New product designs
- Formulas or chemical compounds
- Software (in some cases)
There are 2 types of patents:
- Utility Patents
- Design Patents
Utility vs. Design Patents
| Feature | Utility Patent | Design Patent |
|---|---|---|
| What it protects | How something works – its function, use, or process | How something looks – its shape, design, or surface ornamentation |
| Examples | A new type of engine, medical device, software algorithm, or locking mechanism | The unique shape of a bottle, the pattern on a shoe sole, the design of a smartphone |
| Use case | Protects functionality | Protects appearance |
| Term (in the U.S.) | 20 years from the filing date (if maintenance fees are paid) | 15 years from the date of grant |
| Cost | Typically $5,000–$15,000+ depending on complexity | Usually $2,000–$5,000 – but can be less if you file “Pro-Se” which means you file on your own, without an attorney. |
| Complexity | Requires detailed technical documentation and claims | Requires drawings and a clear design description |
| Can you patent both? | Yes, you can (and sometimes should) file for both if your product has a unique design and function | Yes, if function is also original and protectable |
Example:
If you invented a new type of collapsible coffee mug with a unique locking mechanism, you’d want to protect it with a utility patent or design patent.
Why you might need it:
If your business is based on a proprietary invention, a patent gives you exclusive rights to make, sell, and license it so competitors can’t legally copy your idea.
A note on pricing:
While patents tend to be the most expensive type of IP, you should never be put off by the pricing. We have worked with many entrepreneurs who decided to learn the process of applying for a design patent, filled all of the paperwork themselves, then asked an attorney to review the information before submission – which significantly brought their costs down. While working directly with an attorney is the best way forward, a little out-of-the-box thinking and rolling up your sleeves as an entrepreneur can also go a long way.
How to get it:
- File with the USPTO.
- Must meet strict requirements (novelty, usefulness, and non-obviousness).
- Can cost $5,000–$15,000+ depending on complexity and legal help.
- Takes 1–3 years to get approved.
Quick Comparison Chart
| Protection Type | What It Covers | How Long It Lasts | Cost Range | Registered With |
|---|---|---|---|---|
| Trademark | Name, logo, slogan | As long as it’s in use (with renewals every 10 years) | $250–$350 per class | USPTO |
| Copyright | Creative works (text, music, images, videos, etc.) | Life of the author + 70 years | $45–$65 | U.S. Copyright Office |
| Patent | Inventions, processes, new products | 15–20 years depending on type | $5,000–$15,000+ | USPTO |
Which One Do You Need for Your Business?
A Trademark if:
- You’re launching a brand name, product name, or logo you want to own.
- You’re selling goods or services and want to build long-term brand recognition.
A Copyright if:
- You produce original content, like blog posts, eBooks, videos, or designs.
- You’re a content creator, artist, coach, writer, or educator.
A Patent if:
- You’ve invented a new product, tool, or system that’s truly original.
- You want to manufacture or license something innovative.
You will need at least a Trademark!
If you’re starting a new business, you need a trademark. We strongly encourage this because you never want to spend all that time and effort building something that can be mistaken for somebody else’s work, or for someone else to come and profit off of the intellectual property you have created,
In short, if your business
- Has a unique brand name → Trademark
- Offers a piece of work you created → Copyright
- Includes a tool you invented → Patent
And yes – you can have all 3 different types of IP working together in your business.
What Happens If You Don’t Protect Your Intellectual Property?
If you skip this step, you risk:
- Someone else trademarking your business name first
- Competitors copying your course content or product photos
- Losing money and time fighting infringement without legal backing
- Having to completely rebrand later because you didn’t do a simple trademark check
Moral of the story? Don’t skip it. Protect your brand before someone else does.
Final Thoughts
You don’t need to file for all three types of protection right away—but understanding what each one covers can save you thousands of dollars (and headaches) in the future.
Start by asking:
- What’s original in my business?
- What’s essential to my brand identity?
- What could be copied or stolen?
And then take steps to protect what’s yours.
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Be part of the conversation! Leave us a comment below.
– Your Business Mentor Studio Team