INTELLECTUAL PROPERTY

TRADEMARKS, PATENTS, COPYRIGHTS: WHAT IS THE DIFFERENCE?

Trademark is a word, slogan, symbol or design that identifies and distinguishes the goods of one company from those of another.

Service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

Patent is a grant of property rights to an inventor for an invention. The right conferred by a patent grant is the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States.

Copyright is a form of protection provided to the authors or creators of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The copyright owner is granted the exclusive right to reproduce, distribute, display or perform the copyrighted work publicly.

WHY SHOULD I TRADEMARK MY INTELLECTUAL PROPERTY?

A federally registered trademark protects your brand name, logo or slogan from unauthorized use by others. A registered trademark provides legal protection and enforceable rights under the law against competitors and provides a basis to sue for trademark infringement if someone starts using your mark without permission on similar or related goods or services. A federally registered trademark guarantees:

Use of the registered trademark symbol (®) alongside your brand or logo.

Constructive notice to the public of your claim of ownership and exclusive right to use the mark in connection with the goods or services listed in the registration.

National priority of ownership against anyone who attempts to use or register a confusingly similar mark.

The ability to bring legal action concerning the mark in federal court.

In a case of trademark infringement, registered trademark owners are entitled to seek triple damages plus attorneys’ fees.

United States trademark registration may be used as a basis to obtain registration in foreign countries.

A federal trademark registration may be field with the U.S. Customs Service to block the importation of infringing (counterfeit) foreign goods.

The ability to shut down Internet domain names, social media usage, Amazon, Etsy and other competing e-commerce use that attempt to infringe upon your mark.

After five years of registration, your right in the mark becomes incontestable, eliminating nearly every defense to trademark infringement.

HOW DO I MAINTAIN MY TRADEMARK REGISTRATION?

A federal trademark registration is valid for 10 years but may be renewed indefinitely if the proper step are followed. You must continue to use the mark on or in connection with the goods or services specified in the registration and file a Statement of Continued Use between the 5th and 6th year anniversary of your trademark registration date.

You must also file a Declaration of Use between the 9th and 10th year following your registration date. Thereafter, trademark renewals are due every 10th year anniversary following your original registration date.

WHY SHOULD I COPYRIGHT MY INTELLECTUAL PROPERTY?

If you are a musician, an artist, an author or provide any other form of work where you are creating original content then copyright registration will help with protection of your copyright against any unauthorized use.

A federal registered copyright protects “original works of authorship” including but not limited to:

• Literary Works
• Musical Works and Recordings
• Dramatic Works
• Choreographic Works
• Photography
• Graphic Design
• Sculptural Works
• Motion Pictures
• Sound Recordings
• Architectural Works