What Is the Distinction Between a Trademark and a Copyright?
Introduction
If you are beginning your own business, you have undoubtedly devised a business name, goods, and services, and you think you should copyright them. Maybe you should trademark them? The decision of whether to copyright or trademark something might be perplexing. When it comes down to it, fortunately, the distinction between the two is relatively simple.
Both copyright and trademarks are types of intellectual property. Intellectual property is an idea or innovation formally articulated in a manner that others may see, touch, or hear – including digital media. This results in an intangible asset that may be purchased, sold, or rented. Intellectual property includes copyright, trademarks, patents, and trade secrets.
Is it Possible to Copyright a Trademark?
In summary, you cannot and should not copyright a trademark. The two types of protection serve quite different functions. Copyright protects individual, written works, whereas trademarks protect company-wide characteristics such as logos and phrases. When filing for intellectual property protection, it is critical to determine which one you require to save time and money throughout the registration procedure.
Trademark examples
A trademark distinguishes one companies goods and services from those of another. A company name is a common type of trademark: a word, slogan, symbol, logo, or a distinct hue. Trademarks are typically associated with business enterprises.
Do Trademarks Have a Lifetime?
You cannot hold a trademark unless you demonstrate that it is still being used commercially regularly. To keep your brand, you must give this proof every five years in the form of a formal statement to the United States Patent and Trademark Office.
How to Register a Trademark
If you wish to trademark something, such as your company name, the first step is to make sure no one else is using it, and then reserve your chosen name so that no one else may trademark it while you are preparing to launch.
This will require ensuring that the branded item is distinct and cannot be mistaken with an existing firm. The trademark application process entails. Go to the USPTO website to register your trademark using the form that applies to your situation. Make sure you are prepared to pay an application fee of between one to a hundred dollars.
Ensure that you meet any additional legal requirements, fees, or statutory deadlines necessary to keep your trademark up to date.
Examples of Copyright
A copyright is secured to protect both original works of writing and creative works. Copyrightable content might include, for example, A novel, poem, photograph, movie, Lyrics to a song, musical composition in the form of sheet music, sound recording, or a painting.
How Long Is a Copyright Valid?
Copyright lasts far longer than a trademark. Copyrights acquired after January 1, 1978, typically last for the authors lifetime plus an additional 70 years.
How to Obtain Copyright
If, after forming your firm and starting to generate items and services, you discover that you require copyright, you are in luck. A copyright is created instantly when you communicate your concept, as long as it has not previously been copyrighted by someone else.
Log in to the Copyright official page to register between 1 and 10 copyrights at a time. Be prepared to pay for any fees, as basic copyright application fees are typically between $35 and $85, and wait for several months for your application to be processed. The copyright office provides approximate waiting times.
How to start LLC in American Samoa
Setting up a limited liability company (LLC) in American Samoa can help you establish an independent legal entity for conducting business operations and holding cryptocurrencies such as NFTs. LLCs are available in states, territories, and insular areas such as Puerto Rico and American Samoa. Also known as Limited Liability Companies, LLCs are special entities created under state laws that provide liability protection to owners involved in business activities. You can go directly to LLC.AS.GOV to set up an LLC or a company like Zenbusiness.