If you’re building a brand, launching a product, or creating original content, chances are you’ve heard the term intellectual property tossed around. But when it comes to protecting ideas, many find themselves asking, “Do I need a copyright, trademark, or patent?” The answer depends on what you’ve created—and getting it right is critically important.
At Ludwig APC, we help innovators, creators, and business owners navigate the complexities of IP law. Let’s break down the differences between these three types of protection and explain why having a legal expert in your corner like Ludwig APC can make all the difference.
What Is Intellectual Property?
Intellectual property (IP) refers to creations of the mind—things like inventions, brand names, logos, designs, written content, and artistic works. IP law gives you the legal right to control how your creations are used, shared, and monetized.
There are three main types of IP protection:
Copyright: Protecting Creative Works
What it covers—Copyright protects original works of authorship, including:
- Books, articles, and blog posts
- Music and lyrics
- Artwork and photography
- Software code
- Videos and films
What it doesn’t cover—Copyright doesn’t protect ideas, facts, or methods—it only protects the expression of those ideas.
How long it lasts—Generally, the life of the author plus 70 years. For corporate works, it’s typically 95 years from publication.
Do you need to register?
Technically, copyright exists the moment your work is created and fixed in a tangible form. But registration with the U.S. Copyright Office gives you stronger legal rights—especially if you need to sue for infringement.
Trademark: Protecting Your Brand Identity
What it covers—Trademarks protect symbols, names, and slogans that distinguish your brand, such as:
- Business names
- Logos
- Taglines
- Product packaging
What it doesn’t cover—Trademarks don’t protect the product itself—just the branding that identifies it.
How long it lasts—Indefinitely, as long as you continue using the mark and renew it periodically.
Do you need to register?
You can claim common law rights by simply using a mark in commerce, but federal registration with the USPTO gives you nationwide protection and the ability to enforce your rights more easily.
Patent: Protecting Inventions and Innovations
What it covers—Patents protect new, useful, and non-obvious inventions, including:
- Machines and devices
- Processes and methods
- Chemical compositions
- Software innovations (in some cases)
What it doesn’t cover—Patents don’t protect abstract ideas, natural phenomena, or laws of nature.
How long it lasts—Utility patents last 20 years from the filing date. Design patents last 15 years.
Do you need to register?
Yes—patents must be filed and approved by the U.S. Patent and Trademark Office. The process is complex and requires detailed documentation.
So Which One Do You Need?
Here’s a quick cheat sheet:
You’ve created… You likely need…
A song, book, or painting Copyright
A brand name or logo Trademark
A new gadget or process Patent
A mobile app Possibly all three!
But here’s the catch: many creations involve overlapping protections. For example, a new product might need a patent for the invention, a trademark for the brand name, and a copyright for the packaging design or user manual. Complicated? Yes, it is.
Why You Need an Expert
IP law is full of nuances, deadlines, and strategic decisions. Filing the wrong type of protection—or missing a key step—can leave your work vulnerable to copycats, legal disputes, or lost revenue.
At Ludwig APC, we help you:
- Identify the right type(s) of protection for your work
- File and register your IP properly
- Enforce your rights if someone infringes
- Avoid costly mistakes that could derail your business
Whether you’re launching a startup, publishing content, or developing a new product, we’ll work with you to make sure your intellectual property is protected—and your stress is minimized.
Let’s Work Together: Global Experience, Personal Focus
Don’t leave your ideas unguarded. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com and let’s build a custom IP strategy that fits your goals. Your creativity deserves legal protection—and we’re here to make it happen.
