Trademarks, Patents, & Copyrights Explained
Welcome to our guide on trademarks, patents, and copyrights – the three pillars of intellectual property protection for businesses in the USA. In this post, we’ll break down what each of these protections means, how they differ, and when your company might need them. So, let’s dive in!
A Quick Rundown of Trademarks, Patents, and Copyrights
To sum it up quickly…
Trademarks protect brand identity, patents protect inventions, and copyrights protect creative works.
Now, let’s dive a bit deeper into each…
What is a Trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one party from those of others.
Essentially, it’s what makes your brand unique and recognizable. Think of trademarks as the face of your business in the marketplace.
Here are three different famous examples of trademarks and what they specifically cover:
McDonald’s
“I’m Lovin’ It,” the iconic trademark slogan of McDonald’s, encapsulates the essence of the fast-food giant’s brand identity. It’s a universally recognized emblem of McDonald’s.
Amazon
The word “Amazon” and its associated logo are trademarks that cover a wide range of products and services offered by the e-commerce giant. This includes online retail services, electronic devices like the Kindle, streaming services like Amazon Prime Video, and cloud computing services through Amazon Web Services (AWS).
Starbucks
The Starbucks mermaid logo, officially known as the Siren, is a trademark that covers the coffee company’s beverages and storefronts.
What is a Patent?
A patent grants the right to exclude others from making, using, selling, or importing an invention for a limited period, typically 20 years from the filing date.
It protects inventions like processes, machines, compositions of matter, or improvements thereof. There are three main types of patents: utility patents, design patents, and plant patents.
What is a Copyright?
Copyright protects original works of authorship fixed in any tangible medium of expression, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license their work.
Scenarios Requiring Trademarks, Patents, and Copyrights
To illustrate these difference facets of intellectual property, let’s look at some made-up scenarios where a company may want a trademark, a patent, or a copyright, or even all three.
Trademarks, Patents, and Copyrights
Consider a dynamic software development company named CodeTech Solutions. As they prepare to launch their flagship product, a cutting-edge software solution named DataLink, they recognize the need for multiple forms of intellectual property protection.
They begin by trademarking their company name and logo to establish a strong brand identity in the market. Simultaneously, they file a patent application for the innovative algorithms and functionalities embedded within DataLink, ensuring exclusive rights to its technology. Finally, CodeTech Solutions also secures copyright protection for the software’s source code, safeguarding against unauthorized reproduction or distribution.
Trademark Only
A fashion house named ChicStyle Couture, known for its iconic logo featuring interlocking Cs and a memorable slogan, “Elevate Your Style” would trademark all elements – brand name, logo, and slogan.
Patent Only
Picture a biomedical company called BioMed Solutions developing a groundbreaking medical device called NeuroSync, designed to treat neurological disorders. Potential patentable aspects include its innovative technology, design elements, treatment methods, and medical applications, ensuring protection for its unique features in treating neurological conditions.
Copyright Only
Suppose an author named Jackson Hughes writes a series of detective novels set in a fictional city called Harbor Heights, under the pen name Jack Hunter. For a novel, the type of copyright sought is a literary copyright, which protects the written content, characters, and creative expression within the book.
Steps to Obtain a Trademark
Step 1 - Comprehensive Trademark Search
A comprehensive trademark search involves thorough research to identify existing marks that may conflict with the proposed trademark. This search aims to uncover marks that are similar in Sound, Appearance, or Meaning, which could potentially create confusion among consumers and increase the likelihood of confusion in the marketplace.
It includes examining federal and state trademark databases, conducting common-law searches through public records and company databases, as well as searching the internet and domain names. This meticulous process helps ensure that the chosen trademark is unique and unlikely to infringe upon existing rights.
Want to read more about Trademark Searches? Check out our post – Your Guide to a Comprehensive Trademark Search
Step 2 - Trademark Application
File your application with the United States Patent and Trademark Office (USPTO).
When you file a trademark application with the United States Patent and Trademark Office (USPTO), the total filing fee is influenced by the number of classes of goods and/or services you want to protect with your trademark. Each class represents a distinct category of goods or services. The more classes you include in your application, the higher the filing fee. Therefore, accurately identifying the goods and/or services associated with your trademark is crucial to manage filing costs effectively.
Want to read more about Trademark Applications? Check out our post – File a Trademark Application: The How-To
When filing a trademark application, applicants must specify whether they intend to use the mark in commerce (use-in-commerce) or if they have a bona fide intention to use it in the future (intent-to-use).
Use-in-commerce means the mark is already being used in connection with goods or services in interstate commerce. Want to read more? Check out our post – Use in Commerce Trademark: The Process & Timeline
Intent-to-use means the applicant has a genuine intention to use the mark but hasn’t yet done so. This classification determines the timeline and requirements for the trademark application process. Want to read more? Check out our post – Intent to Use Trademark: The Process & Timeline
Step 3 - Trademark Renewal
Renew your trademark registration between the 5th and 6th year after registration, and then every 10 years thereafter. These forms MUST be filed in order to keep your trademark alive. Failure to file these forms in a timely manner will result in a cancellation.
Want to read more about Trademark Renewals? Check out our post – Trademark Renewals: Keeping Your Trademark Alive and Thriving
Steps to Obtain a Patent
Let’s explore the steps you need to take to get a patent for your invention. It can be a straightforward process involving four main stages.
Thorough Research: Start by doing a lot of research to make sure your invention is really new and different. This means looking into existing patents and reading up on similar ideas to check if anyone else has already patented or talked about your idea.
Prepare and File Patent Application: Once you’re sure your invention is unique, it’s time to write up and submit a patent application to the United States Patent and Trademark Office (USPTO).
This means writing a detailed description of your invention, including its specifications, drawings, and claims about what you want to protect.
Respond to Office Actions: After you send in your patent application, the USPTO might come back to you with questions or concerns.
They might say your application is missing some information or that your invention isn’t unique enough. It’s important to reply quickly and well to address these issues and make your application stronger.
Maintain Your Patent: If your patent application gets approved, that’s awesome!
But getting a patent is just the start. To keep protecting your invention, you have to regularly pay fees to the USPTO. If you forget or don’t pay on time, your patent rights could run out, and other people might be able to use your invention without your permission.
Steps to Obtain a Copyright
From the initial creation to the optional registration process, we’ll guide you through the essential steps to protect your original content effectively.
Make Your Creation: The first step to protect your work with copyright is making something original. It could be anything like a story, a painting, or a song. Just make sure you write it down or record it so people can see or hear it.
Fill Out the Form: To get your copyright, you’ll need to fill out a form from the copyright office. This form asks for info about you and details about your work.
Send It In: Once you’ve filled out the form and got everything you need, you can send it to the copyright office. You’ll also need to pay a fee.
Wait for Approval: The copyright office will look at your application to make sure everything’s okay. If it is, they’ll register your copyright. This means your work is legally protected, and nobody can copy it without permission.
To sum it up…
trademarks, patents, and copyrights are vital tools for protecting your business’s intellectual property. By understanding the differences between them and knowing when to apply each, you can safeguard your brand, inventions, and creative works effectively.