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A patent is used to protect a functional object or process.
A trademark is a word, phrase, or graphic which is used to identify a good or service.
A patent has three types: utility, design, or plant. A utility patent is used to protect the function or inventive concept of an object or process. A design patent projects the shape of an object or the decorative application to an object. A plant patent protect certain types of plants.
A trademark is protected under a federal registration or common law. A federal registration is applied for from the United States Patent and Trademark Office (USPTO) and is granted only after use of the mark. Common law rights are governed by the law of individual states and occur after use occurs.
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