"Patent" What is the difference between registering a patent or a trademark?

14 de January, 2022

Surely, on more than one occasion, we have heard the phrase "patent a brand", erroneous expression that is based on the confusion of 2 completely different procedures from each other.

Brands are NOT patented, what a person can do is request the registration of one, but what do we understand by trademark? It is a sign that can be represented by a name, logo or graphic element capable of distinguishing products or services on the market in order to avoid confusion among consumers, in this way who obtains the registration and becomes the owner of a trademark.

You can prevent third parties from claiming a right to said trademark or even making use of it without your consent. On the other hand, the patent consists of the exclusive right granted to an inventor by the State and that allows third parties to exploit their invention by commercial means for a limited period of time, it is a recognition for their novel activity and material compensation for their commercial invention.

Currently the registration of a trademark lasts for 10 years, which can then be renewed indefinitely.

In the case of patent registration, the duration depends on whether it is an invention patent (20 years) or a utility model patent (10 years), both are non-renewable.

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