Copyright vs. Trademark: An Overview for Dallas Executives
As a Dallas-based executive in the business world, you undoubtedly understand the importance of protecting your intellectual property2 min read
As a Dallas-based executive in the business world, you undoubtedly understand the importance of protecting your intellectual property. To this end, the laws surrounding copyright and trademark can seem complex and difficult to navigate -but UpCounsel's network of experienced attorneys can provide you with high quality legal advice and counsel. In this article, we'll provide an overview of the differences between copyright and trademark, so that you can better understand how to protect your intellectual property from theft or misuse.
A copyright is a form of legal protection, commonly associated with creative works. A copyright covers the specific form of an artistic expression, and prevents others from reproducing, distributing, or selling the artistic expression without the creator’s permission. Copyrights are commonly associated with books, movies, music, photographs, and other works of art. It is important to note that only the expression of the idea is protected by copyright - the idea itself cannot be copyrighted. As such, copyright protection typically lasts for the life of the creator plus 70 years, after which the work is considered to enter the public domain and can be freely used by the general public.
A trademark, on the other hand, is a form of legal protection provided for logos, symbols, and other identifying elements that represent a brand or company. Trademarks allow companies to differentiate their products from competitors and protect consumers from being misled. A trademark is generally granted for an unlimited period of time, provided that the mark is actively used and does not become generic. Unlike copyrights, trademarks are not limited to particular forms of expression - rather, the focus is on protecting the consumers from being misled.
In addition, copyrights and trademarks also have different requirements for registration. To obtain a copyright, one must submit a registration form to the Copyright Office, along with a fee and a description of the work. On the other hand, a trademark registration application must be filed with the United States Patent and Trademark Office, with both a fee and a description of the mark being required.
In short, copyright and trademark law provide two distinct forms of legal protection for two distinct types of intellectual property. Copyrights provide protection for creative works, while trademarks provide protection for symbols and logos. It is important to understand the differences between these two for Dallas-based executives in order to ensure that they are adequately protecting their intellectual property. By working with the experienced lawyers found in UpCounsel's community, you can gain access to comprehensive legal advice and counsel that will help you to make informed decisions regarding your intellectual property.
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