June 1st 2023.
What is a Trademark?
A trademark is a legal protection given to products and brand identity. It could be an image, word, or phrase, like a brand name, logo, or slogan. For instance, Coca-Cola is protected under a trademark. This means that no other company can create a product with the same name. The trademark law also extends beyond the exact brand name and prevents the use of similar-sounding names.
There are three main types of trademarks. A registered trademark is identified using the ® symbol, and it’s an official trademark registered with the United States Patent and Trademark Office. This helps to solidify the trademarked material. An unregistered trademark is identified with the ™ symbol and is used for logos, phrases, words, or designs that represent the company. Lastly, service marks distinguish the services of one business from another.
What is a Copyright?
Copyright laws protect “original works of authorship” in the form of writings, music, architecture, and art. This gives the copyright holder the exclusive right to display, perform, license, or share the material for the duration of the copyright. However, some individuals or organizations may be able to use the material under the “fair use” doctrine for scholarly, educational, or news purposes.
The length of copyright protection varies by when it was established. Generally, most copyright-protected works of authorship are protected for 70 years after the author’s death. It’s not necessary to register an original work if you translated it into a tangible medium. However, registering it with the U.S. Copyright Office makes it easier to establish ownership and protect against copyright infringement. Copyrighted material is denoted with the © symbol.
What is a Patent?
A patent is a legal protection given to an original invention for a set period of time. To receive the protection, you must register the patent with the USPTO. This grants the owner exclusive rights to produce products without competition. Patents are used to incentivize companies and individuals to continue developing new products with market viability.
There are three main types of patents. Utility patents, also known as patents for invention, protect the creation of new or improved machines, products, or processes. These are typically good for 20 years, but you must pay regular maintenance fees to maintain the patent. Plant patents protect a new and unique plant’s characteristics from being replicated, sold, or used. Lastly, design patents protect the unique look of a manufactured item.
What are the differences between Trademarks, Copyrights, & Patents?
All three of these options offer intellectual property protection. It’s important to understand the differences between them and the type of I.P. you’re trying to protect. Trademarks are primarily used for company or product names, slogans, logos, and other unique brand or business identifiers. Copyrights are used to protect original works of authorship, and while they’re mainly used in creative fields, businesses can register copyrights as well. Patents are used for unique inventions, designs, and certain intellectual property.
Frequently Asked Questions
Q: Should I Copyright or Trademark a logo?
A: It’s best to file a trademark for an original logo, brand name, or image. This prevents other businesses from using your logo. You’re also protected from companies using a similar logo to sell similar products.
Q: How can I protect my Copyright or Trademark?
A: Registering the material with the U.S. Copyright Office is one of the best ways to protect a copyright. You should also take some time to learn the limits of the copyright protection. Providing contact information in case someone wants to use your copyrighted work is also a good idea. Additionally, registering a trademark with the USPTO is one of the strongest ways to protect it against infringement. Conducting a trademark search before registering your brand or logo is recommended.
Q: When should I file for a Patent?
A: You should usually patent an original idea for a new product or process before sharing it with the world. Under U.S. patent law, you must file your patent application within one year of the first offer to sell the invention or within one year of your first public use or disclosure of your invention.
Q: How do I protect intellectual property?
A: Patents, trademarks, copyrights, and trade secrets are the four main types of intellectual property protection. You would select which protection to use based on the type of intellectual property you want to shield.
Trademark vs. Copyright vs. Patent – Final Thoughts
It’s important to shield your intellectual property from those looking to profit from your work. Knowing the ins and outs of trademark, copyright, and patent laws is a good place to start. Choosing the proper legal protection depends on the type of intellectual property you want to shield.
If you have more questions on legal protections for intellectual property or need help to apply for a small business loan, contact us. Our loan executives can help you find the right funding program to bring your unique ideas to market.
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