Winter Haven Copyright Attorneys & Lawyers

Updated November 11, 2020:

What is a Trademark and What is a Copyright?

A trademark and a copyright are both types of intellectual property protection that afford a way to defend against unauthorized use. While trademarks and copyrights both relate to intellectual property, each protects a different type of asset. Trademark and copyright registrations and the associated laws vary internationally. For this article, all information is for the United States unless specifically noted otherwise.

Copyright

A copyright protects original, creative works fixed in a tangibl

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What Is a Copyright?

A copyright is a type of legal protection given to content creators and artists. When a person creates a story, a work of art, or a piece of software, the copyright provides legal ownership of the work. The creator receives exclusive rights to the use and distribution of the work for a set amount of time.

The United States government handles all forms of copyright protection. The nature of copyright has changed rapidly during the internet era. New kinds of content creation are now popular. Meanwhile, existing types of content have changed in form and in distribution model. Despite these novel changes, the general nature of copyright remains the same. 

What Is Eligible for a Copyright?

The following works are eligible for a copyright:

• All literary works: These include short stories, poems, newspaper articles, blogs, plays, and refer

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Updated November 5, 2020:

What Does Trademarking Goods and Services Involve?

To protect the intellectual property of your brand in relation to the goods and services you provide, it is important to obtain a trademark or service mark. Trademarking your brand in association with your goods and services gives you exclusive rights to the use of your name and logo in conjunction with these goods and services. This can include words, names, symbols, and designs or a combination of these things that identify your brand.

Obtaining a trademark is relatively simple with a few critical steps:

• Select your trademark or service mark: Create your brand name and image. Your mark should be able to be registered and protected. It should be specific and unique enough to identify th

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Updated June 26, 2020:

What are Types of Trademarks?

A trademark offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services. Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. 

• Generic Mark
  • A generic trademark actually doesn't qualify for a trademark unless it includes more specific detail. One example of a generic mark is the phrase, "The Ice Cream Shop." Offering trademark protection on something this generic would restrict all other shops that sell ice cream.
  • To qualify a generic mark for a trademark, it needs to describe qualities, character

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