Facts About Copyright and Trademark Laws



Copyright and trademark are two of the most confusing terms introduced to businesses, artists and musicians. The only way that these two are defined well, explained and understood is through the help of legalities wherein the purposes of these two are distinguished well.


Trademark is the one that a consumer will be able to identify the source of the product or service since there is the presence of the elements such as design, number or term or a combination of these three. Meanwhile, copyright is the one that protects an original work of authorship expressed by means of any forms of medium such as the book, painting or compact discs because they all have the essence of permanence. The confusing part of these two types of legal protection is that they might overlap when your design is being used as a trademark and at the same time, since it is your original work, then is should also be copyright protected. You ought to seek for the services of a New Jersey patent attorney and also a trademark lawyer to help you understand these two better.


The moment you have expressed your original work, you are also immediately being protected with a copyright. You also don't have to file for any registration or request for notice in order to perfect your copyright. When it comes to limitation exceptions, the moment copyright is attached; the ownership will have six very important exclusive statutory rights that are not found under the trademark laws. The goods and services are marked by the consumer association making the trademark available to it in terms of valuing through its goodwill. Also, if you have an original design, it will sufficiently qualify for an automatic copyright protection but it will not have a trademark protection unless the trademark is commenced first. The value of the copyright is to essentially function to gain an exclusive right to your work by protecting its originality as well as its commercial desirability.


A copyright will only protect your expression but the idea underlying it is not included at all. In other words, you can write a song about anything you want but the only part being copyrighted is your idea of expressing it. A limitation to the copyright is that some categories like title, materials, names, short phrases and slogans are not being covered but can fall under trademark when used in commercial purposes. If properly used in commence, the retention of trademark is indefinite status and will still have its legal protection. With the help of www.jchoilaw.com , your rights will definitely be protected.

Other useful related information may be accessed at http://www.britannica.com/topic/intellectual-property-law .