Patent, Trademark, Or Copyright: What's The Difference?
As you start your journey in create something that you plan to use to make money, you'll need to take steps to ensure your intellectual property is protected. This includes situations where you start a business and create branding material, write a song, invent a new product, and create a movie. It can be confusing to figure out how to protect your creation, since there are patents, trademarks, and copyrights that can be filed to protect them. Here is what you need to know when it comes to seeking legal protection for these types of creations.
Trademark Protection
A trademark is used when you try to distinguish your business from another with imagery, symbols, or words to create branding material. It's essentially your identity and what makes your company recognizable from all the others. In this situation, you would actually use trademark laws in order to protect your company so that another company cannot try to pose as yours.
That said, don't make the mistake of thinking a service mark is the same as a trademark. They are separate types of protection, since service marks are designed to protect services. For example, you would use a service mark to protect a company that does lawn care, since there is no physical product you are selling and the brand that does the work is the only thing that needs protection.
Patent Protection
A patent is designed to protect a complex idea that you are seeking unique protection of. For example, this could be a specific invention that performs a task, which your competition could try to duplicate for their own financial gain.
The patent process is lengthy, and involves comparing your invention to others within the patent database. An extensive search will be performed to ensure that no other patents exist for your idea, and only then will a patent be granted.
Copyright Protection
Think of a copyright as a way to protect something that isn't tangible. This is often used for a movie, song, or even a slogan used to promote your business. Due to changes in copyright laws, all you need is proof that you created the work and when you created it. You can formally file a copyright to make it public record, but having a record of your that you can back up should be good enough.
For help protecting your intellectual property, work with a local attorney that can help you ensure you've been properly protected. Visit a site like CHABOTLAW.COM for more information.
