Patent vs Trademark: How to Protect Your Business Assets

“I want to patent my business name.” We hear this every day. But sadly, it is impossible. You cannot patent a name, and you cannot trademark an invention. Here is the ultimate guide to putting the right legal fence around your money-maker.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 5 min read · LEGAL › IP
Patent
Invention
How It WorksHard
Trademark
Brand
Name & LogoEasy
Trade Secret
Formula
Don’t RegisterSecret

The “Coca-Cola” Rule

A single product can have multiple types of protection. Let’s look at a bottle of Coke.

Asset Type Legal Tool Duration
Brand Name
(Coca-Cola)
Trademark (™) Forever*
Bottle Shape
(Design)
Design Patent 15 Years
TV Commercial
(Video/Music)
Copyright (©) 95 Years
The Recipe
(Formula)
Trade Secret Forever**
*Use it or Lose it
Trademarks last forever ONLY if you keep using them in commerce and file renewal paperwork every 10 years. Patents expire after 20 years, no matter what.
Cost vs Value
Patent Cost $10k – $30k
Very expensive legal fees.
Trademark Cost ~$500
Best ROI for most biz.
Trade Secret $0
Cost of NDAs & Safes.
GoalTool
Stop CopycatsPatent
Build BrandTrademark

Patent vs Trade Secret: The Dilemma

If you invent something amazing (like the Google Algorithm or KFC Chicken Recipe), you have a choice.

Option A: The Patent Route

You file a patent. You get a monopoly for 20 years.
The Catch: You MUST publish exactly how it works. After 20 years, the patent expires and anyone can copy it legally.

Option B: The Trade Secret Route

You tell no one. You make employees sign NDAs. You keep the recipe in a vault.
The Catch: It never expires. BUT, if someone figures it out (Reverse Engineering), you have zero protection. You cannot sue them.

(Fun Fact: Coca-Cola chose Option B. WD-40 also chose Option B. They never patented their formulas because they didn’t want to reveal the ingredients).

Pro Tip: Don’t Over-Protect

New entrepreneurs waste thousands on patents they don’t need.

The Priority List

1. Trademark Name/Logo: Do this first. It’s cheap and builds value.
2. Copyright Content: Automatic. Register if you get big.
3. Patent: Do this ONLY if your invention is truly unique and you have $10k to spend. Most “ideas” are not patentable, only the “execution” is.

Frequently Asked Questions

Can I protect an “Idea”?
No. You cannot protect an idea in your head. You can only protect the expression of that idea (Copyright) or the functional machine of that idea (Patent). Execution is everything.
What about Software?
Software is tricky. The code itself is Copyright. The unique function it performs *might* be Patentable (but it’s getting harder). The name of the App is Trademark.