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Written by : Cary Doheny |
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hey what's up guys so in this video we're going to be breaking down the difference between copyrights and trademarks if you're not sure what the difference between them are this video is for you perhaps you're wondering if you should trademark or copyright your logo business name product line this video is going to answer the following questions one how are trademarks and copyrights different two what can be trademarked and what can be copyrighted and three how should you approach copyrights and trademarks and what should you think about in terms of project protecting your logo business name and branding now before we delve too deep into this topic let me just say that at the end of this video you will be able to choose what's best for you whether it's a copyright or trademark and i have individual copyright and trademark videos that walk you through them separately in way more detail so go ahead and earmark those videos so you can watch them later after you finish watching this one all right so let's get down to the nitty gritty what is a trademark anything that identifies the source of a good or service think about it in terms of where does it come from who made it where does it originate from for example if i showed you this would you know where this came from most of you guys knew as soon as you saw it what it was and i'm not even showing you the logo for this but you understand where the source of this box this fry box came from or if i showed you these and i said hey where do you guys think i got these from who made this versus if i showed you these and then it's kind of clear who made them where the source is for this and you'll notice i never showed you the logo for either of those goods but i'm sure that you knew where i got them from right that's the power of the trademark so it might be a logo it might be a color it might be a symbol but it gives the brand recognition right i always tell people to flip these words trademark and copyright so let's flip the word trademark it's the mark in the trade there are classes of trades that businesses will fall under so for example you might have a clothing footwear headyear versus services for food and drinks and you register your mark based on the applicable trade which means that a cell phone repair company called in and out is probably not going to infringe on a burger company called in and out two different trades right so now let's talk about what can be trademarked this is the fun stuff so i'm going to give you a small list um you have words logos symbols colors sounds smells slogans for a detailed list of what can be trademarked as well as examples of each be sure to download the trademark verse copyright 101 packet at the link below it's 100 free and it will help you to better understand how to approach protecting your own branded assets so that you can be confident when you go into the marketplace and start making that shmoney now something that's very distinct about trademarks and copyrights is how they're obtained trademarks are filed via an application they are not automatic now why would you trademark these things right you trademark to eliminate confusion in the marketplace because your brand represents a certain company culture set of values a guarantee of quality and cultural currency so to protect other companies from trying to use your branding on their items or to intentionally or accidentally cause confusion about the source of a good or service you create a trademark and that's basically to say look buddy you are trying to reap the benefits of my company's authority in the marketplace to make more sales that's not gonna fly uh say for example this box had a golden cue on it not going to fly right and it's to protect the consumer really trademarks are to make sure that when people purchase they're getting what they want or getting what they thought now if you guys found this video valuable hit the like button so i know to make more content just like this and don't forget to subscribe and hit the bell so you'll be notified when i post more videos all right now let's hop on over to copyright what is a copyright we're going to do the same thing we did with trademark flip the word write to copy reproduce alter use sell copies of perform or display the work or artistic expression this is about work product ownership think who maintains control as the rightful owner of this art trademark is about the source of goods and services and trademarks have to be filed copyrights do not have to be filed because they are automatically given to the artist or the creator of the work all right so let's break that down a little bit more the copyright is to protect the creator what can be copyrighted blogs all right so writers blogs video photos photographers music slogans songs to name a few this is not an exhaustive list if you guys want more of what can and cannot be copyrighted or trademarked be sure to get that download but let's walk you through a hypothetical you have a logo and you partner with an organization and maybe your logo is a lot like the mcdonald's golden arch it's always in gold and red this organization you partner with turns your logo pink for breast cancer awareness without your permission that's a copyright violation potentially and if you want to know the way around this be sure to watch to watch my copyright video in this series
Thanks for your comment Fumiko Bolnick, have a nice day.
- Cary Doheny, Staff Member
you're a modern day business how are you going to make your product or service stand off from your competition what strategy do you have for catching market share how do you attract investors or venture capitalists how do you increase your valuation these are the realities of business and competitiveness in today's business is determined by your intellectual assets Apple Mercedes Nestle Novartis Samsung these are all some great examples of organizations driven by intellectual assets welcome to Hector simplifies I am Sanjay technique today we are starting a three-part series on patents copyrights trademarks and other forms of intellectual property for your business part 1 we will cover the forms of intellectual property and its significance for your business part 2 we will identify various types of intellectual property and the strategy for its protection part 3 we will talk about intellectual property the list clearly what is intellectual property intellectual property or IP refers to the creations of the mind such as inventions literary or artistic creations industrial designs names and symbols used in commerce and confidential information that provides one with a competitive advantage yes we are talking about backers copyrights trademarks designs or industrial designs and trade secrets there are various laws in India like the Patent Act the trademark Act copyright that which protect your intellectual creations or intellectual property can you imagine a company today startup or multinational which does not deal with IP in one form or another your local fast food restaurant to your smartphone maker rely on various forms of intellectual property to build their business and compete IP is modern-day business now let's talk about the different types of IP and what they cover let's start with patents patents are a right given to you by a country's government to keep others from making using selling or importing your invention into that country patents cover inventions that are new and of value to society it is given for 20 years examples of what is patentable well inventions protected by patents well something like say the foldable phone screen which is going to come out very soon by multiple companies but they have come out with their own versions of foldable phone screens or pharmaceutical drugs certain pharmaceutical drugs not the generics but the other ones which are patented they have protected for 20 years other examples might be mechanical instrumentation these things might go into your automotive in your cars or into manufacturing processes something that is new and not been done before is an invention and if it's not been done before and it's new its protectable as the pattern next let's talk about copyrights which is protection given by the government to creators of artistic and literary works such as stories films songs photographs software code graphic design music compositions choreography among others protection is for the life of the creator plus 60 years after the death certain works like films however are protectable for 60 years only from when they created so what are examples of copyrighted works movies as we said songs articles written articles that you might write books what you've written photos lyrics all of these are protectable as copyrighted works next let's talk about trademarks which are the names and symbols that you would use to represent your business trademarks are the word names as well as the visual representations or logos they are given for ten years and can be renewed for another ten years if you are consistently using it meaning they can be renewed every ten years perpetually as long as you're using it so what are some examples of trademarks big brand names that you might be familiar with as in Ola or swiggy or Tata or Nike or even the swoosh symbol that you know of Nike that you see everywhere on their products we also have another form of intellectual property called designs or also known as industrial designs which provide protection for the shape configuration surface patterning ornamentation and composition of lie of colors of light to a product essentially the look and feel of a product this application to the product must be industry or machine the replica for it to be protected under design protection is for a period of 15 years and what are some examples of products that are protected under design well your iPhone your iPhone is an industrial design or the Mini Cooper car the design of the car the visual representation of the car what you see from the outside is a industrial design or even submerse Archies lehenga submissions lehenga is protected as an industrial design there are various other forms of intellectual property however most of those might not be significant for your business I've covered today patents copyrights trademarks industrial designs and now I'm going to talk about trade secrets these are the significant ones that most businesses deal with on a day to day basis so what are trade secrets it's another form of intellectual property trade secrets is any information systems methods tools etc that give a business economic advantage as they are generally not known or assertable by outsiders someone who's not part of your business someone who's not part of your organization there is no registration system or a fixed number of years of protection that is given for trade secrets our trade secret stays a trade secret until it becomes gently known it becomes known to outsiders thereafter it's no longer considered a trade secret so what are some examples of trade secrets well the formula for Coke nobody even after 100 plus years knows what the exact formulation of the code is it's protected by the coca-cola company Google's search algorithm Google constantly updates is such algorithm with newer versions and this isn't something that they have publicly revealed elements of the search algorithm might be known but not the entire algorithm itself or pan Parag how is pan Parag made what are all the ingredients that go into a pan Parag nobody knows these are all trade secrets and they derive economic value by being known to the organization that has come up with them now let's talk about the reasons why IP is important for your organization for any organization a it provides competitive advantage IP gives you exclusivity the ability to keep competitors out and when I say IP I am generally referring to all forms of IP patents copyrights trademarks industrial designs trade secrets that we have spoken about it gives you exclusivity and the ability to keep competitors out only you can put a patented product out in the market only you can give a license to Netflix to show your movie only you can sell your product under a particular brand name only you can offer a clothing design as your design with this competitive advantage because of your intellectual property your competitors have to come to you to get a license to be able to use your intellectual property or they have to work that much harder to work around so they don't infringe upon intellectual property therefore you have the exclusivity
Thanks vykrmovatM your participation is very much appreciated
- Cary Doheny
About the author
I've studied biogeography at Concordia University, Nebraska in Seward and I am an expert in film studies. I usually feel lethargic. My previous job was answering service operator I held this position for 5 years, I love talking about metal detecting and whittling. Huge fan of Bryce Dallas Howard I practice disability sport and collect casino chips.
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