Once an original piece is finished, it automatically receives copyright protection. Copyrights require no publication or registration with the U. Copyright Office, but there are advantages of doing so.
To register your piece, you can file an original claim to the U. Copyrights do not cover titles, names, phrases or slogans, symbols, designs, ideas, procedures, methods, concepts or discoveries. This being said, if, for example, you wanted to trademark your business name, you would check with your state trademark office to make sure the name is not currently in use, and then complete the registration process.
Along these lines, it's important to note that there's a difference between state and federal trademark registration, with the latter offering the most legal protection.
Moreover, when it comes to a business name specifically, you can register a business name with your state or county clerk by filing a DBA, but this is not the same as trademarking your business name. As a reminder, the differences can be summarized as:. Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Copyright expires after a set period of time, whereas a trademark doesn't expire provided the mark continues to be used. Overall, both of these intellectual property protections can be important if they're applicable to your business. Therefore, if you're unsure of your legal rights or the process involved with officially registering a copyright or trademark, it might be helpful to work with a business attorney or online legal service for advice and guidance.
This article originally appeared on JustBusiness, a subsidiary of NerdWallet. What's the difference between a copyright vs. What does a copyright protect? Other forms of original writing. Computer software. How to protect a copyright. Here are some examples:. What does a trademark protect? Brand names. Business names. How to protect a trademark. Whichever route you eventually decide to take with your marks you can get started on your road to trademark registration with our new, affordable pay-as-you-go Enhanced Knockout Search and AI Clearance tools.
You pay just one amount for each search that you run online. No hidden extras! Nadaline Webster, December 11, Why does it matter?
The below should not be treated as an exhaustive list of considerations but rather as a small group of illustrations as to why that advice may be required: Online you may see many discussions which tend towards thinking that the use of such symbols is irrelevant and indeed the registration of a trademark at all and has no impact on the level of protection you enjoy.
Why is there so much variation in how different companies use the different trademark symbols? Sharing Twitter Linkedin Facebook. Back to blog posts. Subscribe for updates. Using the symbol shows all competitors, customers, and others in the industry that you legally own the rights to this mark. When using either mark in print, the general rule is to use it in the first instance of the mark. After that, you can stop using it without losing legal protection. There are four main reasons that trademark laws exist:.
Using the TM symbol isn't as important or regulated as using the registered symbol on your company's mark. Because TM doesn't have any legal meaning, you don't actually have to use it unless you want to. But it does serve a purpose in helping alert others in your industry that you are laying your claim on this design, phrase, or word for your business. The purpose of registering a trademark is to avoid confusion among consumers.
Prior to trademark laws, companies could copy each other's designs or create similar marks. This led to confusion because consumers didn't know exactly what company made a specific product. Without clear logos, symbols, phrases, words, or other designs, it's hard to stay loyal to a brand.
But when companies could use something nearly identical to their packaging, customers might not be able to tell the difference. A competitor can purposely use a similar mark to cause confusion and encourage customers to buy its product instead. There are some basic laws that protect businesses, including common law trademark rights. These rights offer protection if you've been using the mark in regular business practices.
But it's nearly impossible to prove who used a mark first, especially if neither company filed a trademark application. What's worse is that if the competitor files first, the USPTO will look at the filing date as the most important piece of information when deciding who gets the trademark.
Common law trademark rights also take second place to trademark laws. So if you're using a mark that is too similar to another mark that holds a trademark, you could face legal trouble. The owner of the trademark can sue you for damages that occurred while you used the mark. Damages refer to how much money the company or person lost due to confusion in the marketplace. Before using any type of mark, be sure you search extensively to avoid infringing on someone else's trademark. It's also your decision if you want to use the registered mark, as this isn't required.
The only legal requirement around its use is using it after your trademark application has been approved. Using it before the approval comes through is against the law.
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