
April 10, 2025
Trademark or Patent: Find Out Which One to Protect and Why

Have you ever heard someone say "I'm going to patent my trademark"? Well... that's a very common mistake. Although they may seem similar, trademarks and patents are completely different things — and knowing this can save you time, money, and legal headaches.
A trademark is everything that identifies your business in the market: name, logo, symbol, color, font. It's what makes customers recognize your company among thousands of others.
➡️ Example: Your coffee shop's name, logo, and even the color combination of your uniforms can be registered as a trademark.
A patent protects a new invention or technical solution. It guarantees that only you can manufacture, use, or sell that creation for a set period of time.
➡️ Example: Did you invent a new biodegradable coffee capsule? That's a patent.
You register a trademark to prevent another company from using your name or visual identity.
You register a patent to guarantee exclusivity over your invention.
These are different types of registration, carried out in different ways, with different deadlines and requirements. And most importantly: using one term in place of the other can lead to your application being denied by INPI (Brazil's National Institute of Industrial Property, the agency responsible for registering trademarks and patents).
Want to protect your creation? First of all, find out whether it's a trademark or a patent — and look for a specialist who can guide you through the right process.
Written by Guilherme Henrique Soares
