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.
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** |
| Goal | Tool |
|---|---|
| Stop Copycats | Patent |
| Build Brand | Trademark |
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
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.