Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. A trademark typically protects brand names and logos used on goods and services. A patent protects an invention.
To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.
Assuming that a patent is available for the subject matter of your concept, that's the way to prevent others from pursuing the same product concept. A trademark, however, is useful—and often crucial—when you are building a brand for your product or service.
The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
¶ 15.55. A design patent and a trademark may be obtained on the same subject matter.