What is the difference between a patent and a trade mark?

The primary difference between a patent and a trade mark is that a patent gives an individual the right to prevent others from making, using, or selling an invention while a trade mark is a word, slogan, design, or logo used to distinguish a business’s goods or services from those of its competitors. A patent is the right to exclude others from making, using, importing, and/or selling an invention in New Hampshire for a limited period of time. Typically, a patent application must include a description of the invention, as well as an oath or declaration. Once a patent has been issued, its owner can prevent others from infringing on it by taking legal action. On the other hand, a trade mark is a recognizable sign, design, or expression that helps identify goods and services of a certain source from those of others. It may be a word, slogan, phrase, logo, symbol, design, or other visual representation. A trade mark owner may prevent others from using a similar mark in a way that might create confusion among consumers. In New Hampshire, trade marks are registered with the Secretary of State. In sum, a patent grants its owner exclusive rights to make, use, and/or sell an invention in New Hampshire while a trade mark is a symbol, design, or expression used to distinguish a business’s goods or services from those of its competitors.

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