How does copyright differ from [No Fluff]

Last updated : Sept 20, 2022

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he folks today we're going to be discussing the differences between copyright and Trademark just a quick disclaimer to say that I am NOT an IP professional if you do require intellectual property advice please do seek out professional help so what is copyright copyright is there to protect your original creative works you can't copyright an idea you can copyright things like literary work dramatic works Musical and artistic work as long as they are in a tangible form what do I mean by a tangible form well things like books film recordings websites software photography paintings or graphic design elements like business cards or brochures having the copyright then gives you the exclusive rights to perform distribute make copies of or even make adaptations of your original creative work here in the UK there is no requirement to register your copyright it just happens automatically as soon as the work is created this may be different in your location so please check with your local Copyright Office or intellectual property office to get the full facts on how copyright is assigned in your country protection on copyright generally lasts for the lifetime of the author Plus 70 years again this may be different in your country so please check once you have created your work and the copyright is assigned you then have permission to use that little copyright symbol the little C inside the circle along with the year that the work was created however there is no requirement to use that little C symbol the copyright still remains with you at all times so let's move on to registered marks there are two types of registered marks and both of these can be used to protect the sale of products or services for a business the first is the trademark which is used to protect goods or products and the second is a service mark which you would use to protect services that you provide generally though people tend to use the town trademark to cover both our trademark and the service mark for the purpose of this video I will be using the term registered mark which covers both examples of things that can be covered by a registered mark would be a company name a slogan a sound a color under logo once you have that registered mark you have the exclusive rights to use that mark with your product or service it allows you to stop other companies businesses or organizations from using a similar mark to promote or sell a similar product or service what you can't do is you can't prevent someone from using a similar mark if they are using it to promote or sell a dissimilar product or service let's look at this example of two locals one for Sun Microsystems and the other for Columbia Sportswear now visually these two logos are very similar especially if they were both in black for example and you just had a quick glance at the logos the reason that both of these similar logos can exist and be registered as marks is that there are two completely different industries Sun Microsystems is in software and computing and Columbia is in sportswear two very different industries now however let's say Sun Microsystems were in the spa for businesses while then we would have an issue because they would both have similar marks selling or trading similar products this can't happen so what would happen here is that the company that registered their mark first would be able to prevent the second company from registering the mark which is similar to theirs and in a similar industry in its simplest form registered marks are there to help the consumer differentiate between brands and the products and services that they sell if when you try to register a new mark the internal Property Office will look at existing marks and if they feel that by registering your mark this may cause confusion for the consumer when they are looking to buy a product or service from someone who is in the same industry as you they will deny you that registration once you have registered your mark though you can use the little R symbol inside the circle next to your logo or your brand name unlike copyright registered marks can last indefinitely but they do have to be renewed every 10 years one thing that you cannot do is you cannot register a mark and sit it on a shelf for use at a later date for a registered mark to be viable it must be in constant use so those are the main differences between copyright under registered mark or as I mentioned earlier most people just use the town trademark I hope this cleared up any confusion you may have had in the past about the two terms and you can move forward safe in the knowledge that you have the correct understanding for both for more brand and design advice why not join hundreds of other brand rockers who have signed up to my rock your brand monthly email newsletter it's absolutely free and the advice that I give in there will help you to strengthen your brand and stand out from your competition head on over to rock your brand or quote at UK and sign up until I see you next time folks stay creative

Thanks for your comment Fae Scherbel, have a nice day.
- Darryl Stoel, Staff Member

in this video we will discuss copyrights patents and trademarks the differences between them the advantages they have reasons why you need to know about them some of the things that can go right and wrong with them copyright is easy you can create a copyrighted work instantly you don't need a lawyer you don't need a filing fee it's a simple matter when you take a photograph with your phone record something with your phone film or audio it's copyrighted from the moment of creation for copyright all you need is it has to be original and has to be fixed in a tangible medium of expression it's very simple we create copyrighted works all day for a copyright you don't have to send it to Washington you don't have to pay anything there were advantages to registering your copyright in Washington with the Library of Congress is where the United States copyright office is located there are reasons you should register your work but it's protected from the moment of creation if you wrote a song and you want to put it on YouTube I think you should do it immediately as soon as you think it's you want anyone to hear it it is protected if you register it with the Copyright Office it'll take months but you're protected before it even becomes officially registered trademarks are important because they distinguish goods from each other and services from each other some of the issues with that again you have to think you don't want to confuse the consumer of course everyone knows Apple they sat in 1919 mid 1970s and they wanted to trademark that name there was a problem right away with them getting a trademark because the Beatles who were more famous in the late 60s created Apple and they meant Apple music and Apple Records Apple publishing their company was Apple so when these guys in California Steve Jobs wanted a trademark on Apple the Beatles were concerned but the everyone talked about this and say well this won't cause confusion because Apple Computer said well we do computers we don't doom you so there's no issue how could you there'll be no confusion when the Beatles saw that and fine it went on until output computers get into music and then there was okay now there's a problem because when Apple computers were created of course computers originally weren't considered to be fun there were things for work in computations so that had to be worked out so that both companies could stay as Apple to get a trademark you'll have to have a fee of about $290 you'll have to pay it's an extensive application process you definitely need a lawyer you have to do a search of trademarks to make sure yours isn't too close to something or the color or your logo and so forth that's pretty complicated you have to have a lawyer a trademark lawyer patents are inventions there are three kinds of patents there is a patent call a utility patent that's what you normally think of something that's useful if you go to Starbucks the insulating sleeves it's on the cup so you won't burn your hand that's that's a patent the lid on the cup is a patent because of how it's designed the the type of hole in it the reservoir where the other coffee goes and so forth those utility pens a design patent is some design that you want to protect a patent lasts for 20 years so there's a utility patent a design patent and the third patent is a plant patent meaning you're crossing one type of plant with another for some scientific reasons and a lot of medicines come from plants so plant patents have been around since 1930 they're extremely important in like the other two they last for 20 years to get a patent it's insanely complicated you need probably $20,000 at the minimum you have to do six tensive searches you need a patent attorney who's much different than any other kind of attorney it's a higher level of expertise but you have some good advantages by knowing what they are knowing the difference with copyrights patents and trademarks as I mentioned copyrights a very important there at the government backing your work it's your work is copyrighted from the moment of creation it's very important you have the right to exclude others from using your music trademark is something that will identify the origin of goods the recording artist of the band the record label patents can be a process it's very important to know about them know the differences and to be able to use them to your advantage

Thanks muchiguarR your participation is very much appreciated
- Darryl Stoel

About the author

Darryl Stoel

I've studied behavioral geography at Eastern Virginia Medical School in Norfolk and I am an expert in manuscriptology. I usually feel energetic. My previous job was security guard I held this position for 24 years, I love talking about social studies and barbecuing. Huge fan of T-Series I practice snowboarding and collect classic cars.