Search Helium

Home > Law & Justice > Business Law

Differentiating patent, trademark and copyright

by Michelle Hicks

Created on: March 13, 2010


To register a copyright, you must register it with the U.S. Copyright Office. But you must first make sure that you understand what a copyright covers, to make sure that you are not wasting your time or money. It is very important that you know what a copyright does and does not cover.

A copyright covers tangible forms of authorship, which includes literary works, photography, movie scripts and music, for instance. It will also protect architectural designs and computer software. A copyright will not be issued for an invention, facts, ideas, names, trademarks or logos, and such.

In order to know whether you need a copyright or another form of protection, such as a trademark or patent, you have to know what they are. A patent is needed for the invention of a new product. If you invented a brand new invention you need a patent. If you create a new shade of lipstick, that does not need a patent. But if you create a brand new type of lipstick, say one that has certain ingredients in the formula that no other lipstick has, then you would apply for a patent. The same goes for if you create a new anti-aging product that is composed of ingredients that are not the same as those in other anti-aging products. If you invent a new means of transportation, you would need a patent. A patent is obtained by the U.S. Patent and Trademark Office. This is also where you apply for a trademark.

But what is a trademark, compared to a copyright? A trademark is a certain logo, mark or jingle associated with a certain product, such as the blue light of a certain retail store, or a bulls eye associated with another store, or the talking tuna fish on the commercials, or the cereal boxes with the big “G.”

So you have to be careful that when you apply to register your copyright, that a copyright is actually what you need. Some people already know that you do not have to actually register your copyright with the U.S. Copyright Office. Your original work is copyright the moment you put it in tangible form – when you write it down, put it on a disc or CD, or design it on paper. But that may not be enough protection.

The only way to be sure you will not have problems is to register your copyright with the US Copyright Office. That way, you are protected as well as have peace of mind that you will not have to try and fight over whether you or someone else actually has the copyright if someone ever tries to infringe your copyright.

You can get information on the application process and fees for registering your copyright at the U.S. Copyright Office by visiting their website, which is www.copyright.gov. They also explain the full laws about copyrights and have a list of questions people often ask, so that you have a clear understanding of the complete copyright process.


Sources

Copyright.gov

Publaw.com

Learn more about this author, Michelle Hicks.
Click here to send this author comments or questions.

Helium Debate

Cast your vote!

Should lawyers be required to provide pro bono services?

Click for your side.

91914

Featured Partner

Northwoods Wildlife Center

Northwoods Wildlife Center has partnered with Helium, giving you the chance to write for a cause. Browse Northwoods' featured titles, pick an issue and write! You can also donate your article earnings. Share what you know,...more


CONNECT WITH US

Read
our blog
Helum for writers

Write and get published
Share with other writers
Polish your freelancing skills

Join our active writing community
Helium Content Source for Publishers

Quality articles from proven freelancers
Exclusive rights, fast turnaround
Brand engagement, business blogging -- our writers do it all

Get custom content today!

INFORMATION


Helium, Inc.
200 Brickstone Square Andover, MA 01810 USA
#