TRADEMARKS	COPYRIGHT	PATENTS	TRADE SECRETS
DEFINITION	A word, name symbol, or device used to indicate origin, quality, and ownership of a product or service.	Protection granted to authors of original works of authorship, fixed in a tangible form.	Grant of right to exclude another from making, using, or selling an invention or discovery.	Any valuable business information that, if known by a competitor, would afford the competitor some benefit or advantage.
WHAT IS PROTECTABLE?	A trademark is used in the advertising and marketing of a product, a service mark is used in the advertising and marketing of a service.	Copyright protects original works of authorship, including literary, dramatic, musical, artistic, choreographic, pictorial, sculptural, and other intellectual works, including motion pictures, sound recordings, computer programs, and architectural works, allowing the owner the right to prepare derivative works based on the works and to reproduce, distribute, perform, and display the work.	Utility patents protect any new and useful process, machine or composition of matter; design patents protect new, original, and ornamental designs for articles of manufacture; plant patents protect direct and new plant varieties that are asexually reproduced.	Any information can be protected as long as it has commercial value, it is not in the public domain, and its owner has made reasonable attempts to maintain its secrecy. Information may include customer lists, marketing plans, financial information, takeover charges, and business methods.
HOW RIGHTS ARISE	Rights arise from first use of the mark; registration is recommended.	Copyright protection arises from the time the work is created in the fixed firm; registration is recommended.	Rights arise only upon issuance of the patent by the U.S. Patent and Trademark Office (PTO)	Rights arise as soon as the trade secret comes into existence. No registration or other formalities are required.
DURATION OF PROTECTION	Marks are protected as long as they are in use and do not become generic. For registered marks, the registrant must prove use to PTO between years 5 and 6 and every 10 years after registration. Registration lasts 10 years and is renewable. Any information can be protected as long as it has commercial value, it is not in the public domain, and its owner has made reasonable attempts to maintain its secrecy. Information may include customer lists, marketing plans, financial information, takeover charges, and business methods.	Works are protected during the artist's life (or last surviving author) and for 70 years thereafter. If work is made for hire, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.	Patent Protection exists from the date of filing an application for utility and plant patents, and 14 years from the date of grants of a design patent. Maintenance fees are required for utility patents at 3-1/2, 7-1/2, and 11-1/2 years after issuance date.	Trade secrets may exist perpetually as long as they are properly protected.
COSTS AND FORMALITIES	If federal registration is sought, application must be filed with PTO; application filing fee is $325 per class. Application process takes from one to two years. Preapplication search should be conducted.	If federal registration is sought, application must be filed with U.S. Copyright Office; application filing fee is $30. Application process takes from four to five months. No need for preapplication search.	Application for patent must be filed with PTO. Application filing fee for utility patent is $770 ($385 for small entities). Application process takes 2 years or more. Search should be conducted prior to application.	No application or registration process; however, there may be costs involved in implementing measures to protect secrecy of trade secrets.
INFRINGEMENT TEST	Is there a likelihood of confusion between the marks?	Have any of the rights of the copyright owner been violated by impermissible copying or unauthorized use of the work?	Does the the accused invention fall within the claims language of the patent or is it substantially equivalent?	Has a trade secret been misappropriated?
MARKING REQUIREMENTS	Marking is not required but is recommended. Common law marks are displayed with the TM and SM symbol. Registered marks are displayed with the ® symbol.	Marking is not required but is recommended. Notice: © symbol (or similar indication), year of first publication, and owner's name.	Marking is not required but is recommended. Notice consists of word patent (or its abbreviation) and patent number.	Marking is not required but is recommended. Documents should be marked with confidentiality legends or other notices.
GOVERNING LAW	15 U.S.C. § 1051 et. seq.	17 U.S.C. § 101 et. seq.	35 U.S.C. § 100 et. seq.	Various state statutes, cases, and private agreements.