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Without looking it up, what do you think copyright | by Illiad | 2008-10-01 13:22:58 |
| I don't have to look it up :p |
by voxwoman |
2008-10-01 18:03:23 |
Copyright is the "inherent" right you have to control any creative works created by you. Which are imbued into the work at the time of creation. Registering a copyright with the proper organization (such as the USPTO for the United States) helps solidify your ownership of a particular work with the world at large. Titles (of books, songs, etc) cannot be copyrighted. Copyrights in the US currently are for life of the author plus 75 years.
Trademarks/tradenames are words, symbols (and phrases) that are used in conjunction with a specific business or trade. These need to be registered in order to prohibit others from using the mark without your permission. You can register a Trademark within a state, or at the National (or global, I believe) level - there are treaties about these things (this is where I get vague about it). A trademark application must be made for *each business category separately* - which is why these run into a lot of money. You can lose a trademark if the word becomes part of the common language: the most famous example is aspirin. Kleenex and Band-Aid almost lost their trademarks, but have snatched them from the jaws of the public domain. I am not sure about the term limits of trademarks, but I think they can be renewed indefinitely (there are some companies whose trade names have been around for a very long time). You are always allowed to do business under your own name, even if it's the same as a registered trademark. I believe there are caveats to that, however.
A trademark is different from a logo.
A Patent is ownership of a process or product design that is unique and does not rely "heavily" on prior art. It's supposed to grant the inventor of an invention the means to obtain revenue from the invention. Patents are for 35 years, and I'm not sure if they're renewable or not. If they are, it's only once. Once the patents expire, the design and process become public domain.
How'd I do? :-D
I am not an IP lawyer, but I have researched this extensively for my own business dealings. |
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