Patent: What is the difference between a patent and a trademark?

What is the difference between a patent and a trademark?

The patent and the trademark are two very different forms of protection and they relate to distinctive objects. It is not a matter of choosing between one and the other, but, according to the type of accomplished solution, it is possible selecting them either together or alternatively. If a new product is created, it can effectively be protected only with the filing of a patent application, with the purpose of preventing others creating the same invention.

On the other hand, the trademark is the name given to the product but will not protect the technical solution and will only make it more recognizable on the market. For instance, if a new type of scooter is invented, it is possible patenting the technical features that make it new and original, only in this manner it will be possible to prevent others constructing one alike. If then we choose to call it “Pippo”, it is possible to register this name as a trademark. In this way we will ensure that nobody will use the same name on any vehicle; but without patent we can’t prevent others realizing a similar vehicle and naming it differently.

Thus in the case of “sale” of the project, the decision of whether to sell only the patent, or both the patent or trademark, or even licensing this last one, depends on what type of agreement has been made.