West Jordan Trademark Attorneys & Lawyers

What is Trademark vs. Registered?

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).

Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.

The most common use of the TM symbol is on a new phrase, logo, word, or design t

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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 reference materials.
• Advertisements

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What Is Trademark Protection?

Trademark protection refers to safeguarding intellectual property rights to protect a trademark from counterfeiting and infringement. A trademark is an established or legally registered mark that identifies a manufacturer's unique goods and services. The owner of a distinctive mark can apply to receive trademark protection. However, trademark protection also requires you to continually use the mark in commerce.

To protect your trademark from infringement and counterfeiting, you need to make sure your mark is not used by others, and you need to bring legal charges against those who use your mark without permission. By conducting research, you can develop a strong trademark or

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What Is a Descriptive Trademark?

A descriptive trademark identifies one or more characteristics of a product or service covered by the mark and only serves to describe the product. 

Some descriptive mark examples are:

• 104 KEY: it describes how many keys are on a keyboard; therefore this could be considered descriptive.

• Cold and creamy: a potential mark for ice cream, but since it describes one of the characteristics of the product, it isn't likely to qualify as trademark.

Descriptive trademarks like these examples, which only include words based on aspects, highlights, end results, or product uses won't qualify for a trademark. This includes terms like "best" and "high quality." Still not sure? Answer this question: "Does this word describe the product or service

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What is Patent Protection?

Patent protection allows the inventor of a new product or design to have exclusive rights to make, sell, use, and/or import the item throughout the United States. No other company or individual can make, sell, use, or important an item that is identical or even very similar. If another company or person does infringe on the patent protection, laws allow the patent holder to sue for infringement.

There are three types of patents:

• Utility
• Design
• Plant

Utility patent protection covers the function and operation of an invention, while design patent protection is on the ornamental design of a product.

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