Trademarks, copyright, patents and trade secrets: which protects what?

“Intellectual property” covers several different legal tools, each protecting a different kind of creation. Confusing them is common — people try to copyright a business name or patent an idea. Knowing which tool fits which asset helps you spend money in the right place. This guide gives a general overview; the details vary between countries.

Trademarks: protecting your brand

A trademark is a sign that identifies the source of goods or services — a name, logo, slogan, or sometimes a colour or sound. Its purpose is to prevent consumer confusion. Rights can arise from use in some countries, but registration usually gives stronger and clearer protection.

• Search before you adopt a name, not after.
• Distinctive, invented names are easier to protect than descriptive ones.
• Protection is usually tied to particular goods and services and to particular countries.

Copyright: protecting creative expression

Copyright protects original works such as writing, photographs, music, artwork, film and software code. It generally arises automatically when the work is created and fixed in some form; registration is optional in many countries, though it can help with enforcement in some. Copyright protects the expression, not the underlying idea. Ownership is a frequent trap: work made by freelancers or contractors often belongs to the creator unless there is a written assignment.

Patents: protecting inventions

A patent gives its owner the right to stop others making, using or selling an invention for a limited period, in exchange for publicly disclosing how it works. To qualify, an invention generally must be new, involve an inventive step, and be capable of practical application. Patents are territorial, can be expensive, and timing matters — public disclosure before filing can destroy novelty in many countries.

Trade secrets: protecting confidential know-how

Trade secrets protect valuable information kept confidential, such as recipes, customer lists, processes or algorithms. There is no registration. Protection depends on taking reasonable steps to keep the information secret:

1. Use confidentiality agreements with employees, contractors and partners.
2. Limit access to people who need it.
3. Mark confidential documents and secure your systems.

Trade secrets can last indefinitely but are lost once the information becomes public through proper means, such as independent development.

Licensing and ownership

IP can be sold, assigned or licensed. Licences can be exclusive or non-exclusive and limited by territory, time and field of use. For startups, investors often check that the company — not individual founders or contractors — owns its key IP. Clean written assignments from the start avoid expensive fixes later.

Enforcement

If someone uses your IP without permission, options typically range from a polite request, to platform takedown procedures, to formal demand letters and litigation. Gather evidence first: dated screenshots, samples, and proof of your ownership.

Building an IP plan on a budget

Small businesses rarely need to protect everything at once. A practical approach is to identify the few assets that create the most value — usually the brand name, core creative works and any genuinely novel technology — and prioritise those. Secure ownership first with written agreements, clear the brand before launch, and register in the markets where you actually sell. Review the plan as the business grows, enters new countries or launches new products.

Before your consultation

Bring a list of the assets you want to protect, any contracts with creators or contractors, evidence of first use of your brand, and details of any conflicting marks or copies you have found.

This is general information, not legal advice — speak to a licensed lawyer about your situation.