Is there a difference between a trade secret and a trademark?

A trade secret and a trademark are two very different types of intellectual property. A trade secret is a piece of information kept secret by a business which provides the business with a competitive advantage. Examples of trade secrets may include recipes, formulas, patterns, processes, or methods. A trademark is a symbol or phrase used to distinguish one business from another. For example, if a business owns the trademark to the phrase “Just Do It”, then no other business would be able to use that phrase to advertise their products and services. In Washington, the Uniform Trade Secrets Act (UTSA) is the governing law of trade secrets. The UTSA is designed to prevent the misappropriation of trade secrets, and it applies not just to individuals, but to businesses as well. On the other hand, trademarks are protected by federal and state trademark laws, as well as common law. In Washington, the majority of trademark registration and enforcement is handled by the United States Patent and Trademark Office. Therefore, while trade secrets and trademarks are both forms of intellectual property, they are very different in terms of protection and ownership. Trade secrets are protected by the UTSA and are owned exclusively by the business, while trademarks are protected by federal and state trademark laws and may be owned by a business, individual, or combination of the two.

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