right vs. Trademark: Which is right for your business? Copyright: What is the best for your business? //

Often, the symbols ™,(r), and (c), which represent trademarks and copyrights, appear near brand names, logos and titles. Although they are often confused, their roles are distinct. Intellectual property rights overlap and differ in their roles. Small business owners need to understand the differences between them.

What exactly is a trademark or brand?

A trademark is a distinctive symbol, word or phrase that identifies a company, product or service. The ™, symbol, indicates a trademark which has been used consistently in business. The (r) sign indicates a federal registration of a trademark with the United States Patent and Trademark Office. The use of another company’s trademark can result in trademark infringement, and even litigation.

Trademark examples

Intellectual property protects your company’s identity through trademarks. Trademarks protect everything from logos and names to distinctive symbols and memorable phrases. A trademark can protect:

Brand names : Amazon, Snapchat or Timberland.

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Brand slogansspan font-weight=”400 ;”>: Lines like “Open Happiness (Coca-Cola), or “Save money.” Live Better.” (Walmart).

Brand icons The Apple’s apple, or Puma’s leaping cat.

For how long can a trademark be used?

When used in commerce, trademarks can be indefinitely protected. However, mere use of a trademark is not enough. Holders must actively demonstrate that they are consistently using their trademark. Every 10 years after registration, a trademark holder is required to file a section 8 declaration in order to prove active and ongoing use. If you miss this step, the trademark will become “dead” and others may claim it and register it.

How do I register a trademark

You must first draft a trademark registration application for your small company in order to register a mark ((r). You should hire a trademark and patent attorney to help you navigate trademark and copyright laws. Use the Trademark Electronic Search System of the USPTO to conduct a trademark check.

A tip: Be on the lookout for trademarks that have been neglected by their owners. These trademarks are available and may be the perfect fit for your company.

After you have selected an unique word, phrase or mark, follow the steps below in order to submit your application.

1. 
   Fill in your name, address and phone number.
   
2. 
   Please specify your citizenship and business entity.
   
3. 
   If you have a different address, please provide it.
   
4. 
   If your mark is a phrase or word, attach a drawing.
   
5. 
   Define the mark.
   
6. 
   List all the goods or services that are covered by the trademark.
   
7. 
   Use the USPTO’s class list to identify the type of service or product.
   
8. 
   Give an example of how the mark is used.
   
9. 
   Indicate when you first started using the mark.
   
10. 
    Sign the form with your signature or that of an authorized representative.
    
11. 
    Pay the fee. It varies from $225 to $625 depending on the type of trademark.
    

The Trademark Electronic Application System is the place to submit your application after completing it. There are two ways to submit your application using the TEAS:

TEAS plusspan size=”font weight: 400 It is the more affordable and simpler option with a lower rate of rejection. Only applicants who have a trademark that relates to goods or services described and listed in the Trademark ID Manual are eligible to apply.

TEAS standardspan size=”font-weight 400 ;”>: This option requires that applicants provide a customized description of their trademark. This is the option you should choose if the goods or services that are associated with your trademark do not appear in the manual.

What is Copyright?

The copyright law protects more than just a catchphrase or logo. The law ensures that the creators of important works are granted exclusive rights to display, distribute, copy, or perform their work. The owner of a work can seek compensation if others copy or use parts.

It is a fundamental part of American law, and was rooted in the US Constitution. Now, its influence is felt across all intellectual property norms.

Copyright covers TV episodes, movies, songs, novels and tweets. The protection lasts for the lifetime of the creator, plus an additional 70 years. After this time, the work is in the public domain and can be accessed by everyone.

Copyright examples

Examples of popular copyrights include:

• 
  Original designs, such as the design of a shirt, or the shape of a chair.
  
• 
  Intellectual work, such as customized software and computer code.
  
• 
  Literary or artistic works such as novels and paintings that capture your attention.
  

Copyright is indicated by the (c) icon you see on images or in the beginning of a book. Copyright is violated when these materials are used without authorization.

How do I register a copyright

Do you want to protect your original work with copyright? You can apply for copyright on your own, even if consulting an attorney makes the process easier.

For a work to qualify for US copyright, it must be original, and also be captured in some form, whether that is print, film or digital. If you are sure that your work meets these criteria, then follow these steps to contact the US Copyright Office.

1. Fill in the applicationspan size=”font-weight 400 ;”>. Online processing is faster and cheaper. You can also send the paper form if that is what you prefer.
2. Pay the required fee. For a single creator and a single piece of work, the electronic filing cost is $45 or $65 if you use the standard procedure. The fee will increase to $125 if you opt for the paper process. If you have any questions about additional charges, consult the website of the US Copyright Office or an attorney.
3. Send the samples of your workspan size=”font-weight 400 ;”>. The number of samples you need will vary depending on the type of creation.

Copyright vs. trademark

Although both trademarks and copyright laws are protected by intellectual property law, they serve different purposes.

What’s common?

Your creations are protected by both copyrights and trademarks. Unauthorized parties will face severe legal consequences for attempting to misappropriate or misuse your work if these safeguards are in place.

What is the difference between them?

Look at it like this:

• 
  Trademarks are like the signature of a brand. It protects the unique elements of your brand. Imagine the distinctive sound of Netflix’s or McDonald’s golden arch. Trademarks protect these unique identifiers from slogans to logos.
  
• 
  However, copyrights are reserved for more in-depth works of creativity. Imagine that your company has created a comprehensive guide, shot a photo series or produced a document. Copyright gives you exclusive rights to these. Copyright protects these works, just like J.K. Rowling’s Harry Potter books or Steven Spielberg’s films.
  

Copyrights are similar to trademarks in that they protect the identity of your brand, but not your creative outputs.

Do you need to have a trademark or copyright when?

Trademark protection is a way for businesses to protect their brand identity. This includes logos, design elements that are unique, and catchy phrases. Trademarking your logo or company name is a good idea if a competitor in your area uses your brand. It will prevent confusion among customers and give you legal recourse if a competitor tries to mimic your brand in order to trick your clients.

Copyrights, on the other hand, cater to deeper artistic expressions. Copyrights are a must if your company creates business guides, original videos or art. Like its trademark counterpart it also offers legal avenues if someone uses your work to make money.

Protecting your business

Your business will be strengthened by choosing the best intellectual property protection. Understand the difference between copyright and trademark to prevent misuse. When in doubt, consult a lawyer. Protecting your assets and business will help you to differentiate yourself from your competitors.

Copyright vs. Trademark FAQ

Can a trademark trump a copyright in a case of conflict?

Trademarks and copyrights are co-existing, protecting different types of works.

Can my business name be trademarked?

Trademark your business name and any unique design elements, marketing terms, or logos.

Can my business name be copied?

No. No.

Which is better, trademarking or copyrighting a logo?

Copyrights are best for more detailed works such as art, music, books or even logos.

What are trademark symbols and copyright symbols ?

(tm),

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Author: Adeel Qayum