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Protecting Your Brand: Trademark vs. Copyright Explained

What is a Trademark?

A trademark is a word or symbol that can be used to distinguish one party’s source from the others. It is crucial to make sure that your trademark can be used in unlimited ways when you create it. It is important to ensure that your trademark is not identical to any other trademarks. If you create a new name for a product using words already used in common usage, your trademark should be distinct from those words.


What is a Copyright?

Copyrights are a type of intellectual property that protects original works. This includes literary, dramatic, musical, or artistic works such as poetry, novels and songs. Copyright protection is only available to works that express an idea. It must be original and in a tangible medium. A poem written on a napkin, for example, is not protected under copyright law. It isn’t tangible. Copyright law protects a poem written on a napkin ink and then published on a blog or website.


What are the Benefits of Trademark and Copyright Protection

Copyright and trademark protection are important ways to protect your brand.

Trademarks protect words and symbols that identify the origin of a product, service, or brand. Trademark protection stops others from using the same mark in the same market. Businesses find this important because it stops competitors from confusing customers or reducing the brand’s value. Trademark protection offers additional benefits, such as the ability to stop the importation of infringing products into the United States and exclusivity on certain markets.

Copyrights protect original works such as literary, dramatic, and musical works. Both have their own benefits for creators and businesses. Copyright protection stops others from using an original work without authorship. Creators find this important because it allows them control over how their work is used and stops others from making a profit off of their work. Copyright protection offers many other benefits, including the right to royalties for public performances and reproductions of copyrighted work as well as damages for any infringement.

Both copyright and trademark protection are essential tools to protect your brand and ensure that your intellectual property remains protected.


When to Seek Copyright or Trademark Protection?

What is the right time to protect your brand? When is it better to choose trademark protection than copyright protection? These are crucial questions to ask when marketing your brand. We have put together some key points to help you answer these questions.

A trademark is an intellectual property protection method that distinguishes one party’s source from others. A trademark can be a word or phrase, symbol, design, or combination of words phrases symbols or designs that identify and distinguish the source of goods or services from others. Trademarks may be registered with U.S. Patent and Trademark Office. They could also qualify for additional state registrations or foreign registrations. Trademarks can be used to avoid confusion among consumers about the origin of goods and services. This can result in lost sales for businesses. The Lanham Act states that trademarks can include words and phrases, but also logos, product packaging and sounds, and even smells. When a trademark is being used for the sale of goods and services, it is considered “in use”. It is also called “on sale” if it is used on goods in commerce. A trademark is “in commerce” if it is used in multiple states or foreign commerce. It does not matter if the trademark is used in interstate commerce. If it is properly registered with USPTO, it is still protected.

Copyright covers original works of authorship, including literary, dramatic and musical works as well as other intellectual works like computer software and databases. Although copyright may protect the expression of these things, it does not protect their facts, ideas, methods, or systems. Copyright protects original works that are fixed in tangible media of expression. They can be perceived directly or through a machine or device, such as books or films or software. Names, titles, slogans, and short phrases are not protected by copyright unless they can be considered original works, such as slogans that were used in an advertisement. Once an original work has been created and is fixed in tangible media, copyright is automatically attached. Registration is not necessary.


How to Obtain Trademark and Copyright Protection?

You will want to protect your logo and brand name if you own a business. This is especially important if your brand has taken a lot of money and time to develop. Although trademark and copyright laws might seem very similar, they are quite different. Knowing the differences between them can help you decide which one is best for your company. Get in touch with True Lawyer to discuss your copyright or trademark protection. We are happy to answer any questions about copyright or trademark law.

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