Patent vs Trademark: Which one is preferred?

Sarbojeet Jana

If a startup has a brilliant idea that can be patented but does not have enough funding to carry forward, can registering a trademark help in that case? 

I recently started working on a startup called Abstract Tube and I filed for a provisional patent at USPTO. But I figured filing non provisional patent is so expensive. Any suggestion on how to protect the idea if I don't have enough budget to file for a non provisional patent? 

Please advise and comment.
Thanks. 

Tuah Bao

Hi Jana,

I don't think registering trademark will work, because trademark only covering design, name, logo, picture...etc.

What product are you actually selling? Is Abstract Tube a platform, system or software? If it is, then you can apply copyright (which is much cheaper than patent), to protect your codes (programming codes).

If patent is the only way for you but you find it very expensive, then use EMAIL (which is free). You must send yourself a complete set of documents (including all the updates and changes made). This will prove the creation date of the product/idea, which can be very useful in court (if legal issue arises).

Lastly, please consult a legal expert. There are a lot of freelance lawyers answering question for minimal fee. They will clear all the doubts in your mind, you can have a better sleep at night, at least...