Copyrights, Trademarks, and Patents

Copyrights Trademarks Patents

Key Takeaways

Full text

Copyrights, trademarks, and patents protect different forms of intellectual property. Certain products and services may touch upon more than one of these intellectual property rights, and as a startup its important to know which apply to your new business.

Copyrights give rights to authors regarding their original creative works. These protections are applicable for creations like films, songs, paintings, books, software codes, website designs, marketing reports, etc. The author of such copyrighted work has the exclusive right to publish, perform, display, reproduce, or record creative content. They are also granted the sole right to create derivative works from the original, whether it is a revision, summary, translation, or adaptation. Copyright exists automatically in an original work of authorship, but an owner can register with the U.S. Copyright Office to increase the protections, specifically in the event of litigation.

Trademarks can be used to protect a symbol, slogan, color, logo, design, or word that identifies the source of a product or service, making it distinguishable from those provided by others. Some examples of this include a product name like that of the iPhone, or a feature on a product like FaceTime, or the manufacturer or provider like Apple. The owner of a trademark has the right to prevent unfair competition by using language or logos that are confusingly similar. Trademarks in the US should be registered with the U.S. Patent and Trademark Office in order to give owners the legal presumption of trademark ownership and certain enforcement rights in court. Registering also allows for the use of the federal trademark symbol. 

With a patent, the U.S. Patent and Trademark Office grants exclusive property rights for an invention. This bars others from using, selling, or making an invention using the art covered in the patent. There are three types of patents: utility, design and plant. Utility patents are granted for inventions or discoveries of processes, machines, articles of manufacture, or compositions of matter. Design patents apply to new, original, and ornamental articles of manufacture. Plant patents are granted for inventions or discoveries and asexual reproduction a distinct and new variety of plant. Patent applications in the US are filed with the U.S. Patent and Trademark Office.

As always, should you have any questions about anything contained within this blog post, don’t hesitate to get in touch with us via call, text or e-mail using the contact details listed in our site footer, or via the form below.

Disclaimer: Please note that the information provided in this blog post does not, and is not intended to, constitute legal advice. Rather, all of the information, content, and materials available on this and every other page of our website is made available by us for general informational purposes only. The information in this post or anywhere else on this website may not constitute the most up-to-date legal or other information, and should not be relied upon for making any decision, acting, or refraining from acting. All liability on the part of Chatterjee Legal, P.C. and any and all of its attorneys and/or other professionals with respect to decisions made, actions taken or actions not taken based on the contents of this blog post, this page, or this website is hereby expressly disclaimed. The contents of this blog post, this page and this website are provided on an “as is” basis, and no representations are made that such content is free from errors. Our content contained within this post or elsewhere on our website may link to websites, content or other resources belonging to third parties. We present these links only for convenience purposes, and we make no representations or warranties of any kind with respect to any such third-party websites, content or other resources. Access to and/or use of this blog post, this page, or this website does not create an attorney-client relationship between you and Chatterjee Legal, P.C. or any of its attorneys or other professionals.

Share This Article

Related Articles

This site uses cookies to provide you with more responsive and personalized service. By using this site, you agree to our use of cookies.

For more information, click here to review our Cookie Policy.