Trade & Copyrights
Trade mark protects item that identify a particular business from another where as copy right protects original work. .
Copyright Protection for Original Works
According to the United States Copyright Office, copyright protects original works created in a fixed form including "literary, dramatic, musical, artistic, and certain other intellectual works." For example, a business can copyright its books, reports, audio or video materials. Work is automatically copyrighted at the time of creation; however, registration is required if a business wants to sue over the use of the material by another party. Copyright registration requires the filing of a form, paying a fee, and sending a copy of the work to the United States Copyright Office.
After a copyright is obtained, the recipient holds the exclusive right to reproduce the original creation and craft derivative works, such as a new song featuring a sample from the original composition. A copyright holder can also transfer all or part of the rights to the material. For example, a publisher may allow a magazine to feature an excerpt from a book during a promotional campaign.
Trademark Protection and Registration
The United States Patent and Trademark Office indicates that a trademark protects "words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods." This means that a company can register a trademark for its business name, slogans, logos and other items that essentially brand the product or company. Registering a trademark first requires doing a trademark search to ensure it's not already in use. Because of the legal ramifications, most trademark experts recommend using an attorney to assist in trademark registration.
The Difference Between Copyright and Trademark
While both offer intellectual property protection, they protect different types of assets. Copyright is geared toward literary and artistic works, such as books and videos. A trademark protects items that help define a company brand, such as its logo. For example, Acme Publishing Company can trademark its name and logo, but would copyright books and videos that it created.
Know Your Rights
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