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What Is the Difference Between a Copyright, Trademark, and Patent?
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  • Written By: T Thompson
  • Edited By: L. S. Wynn
  • Copyright Protected:
    2003-2012
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If you've ever had a great idea for a new gadget, written the next great American novel, or given a great speech, you probably have wondered how to keep others from stealing your ideas. There are three main types of ownership protection to choose from, and each type is used for a specific type of work.

A copyright protects original works that fall under the categories of literature, dramatic, musical, artistic, and intellectual. These works may be published or unpublished, and the Copyright Act of 1976 gives the owner exclusive rights to reproduce his or her work in any medium. A copyright protects a form of expression, but not the subject matter of the work. For example, if someone wrote an article about a new car on the market, the text would be copyrighted, preventing someone else from using that particular material. A copyright does not prevent others from writing their own original article about this new car, however, or from using or making the car themselves.

A trademark is used to protect a word, symbol, device, or name that is used for the purpose of trading goods. The trademark indicates the source of goods and distinguishes them from the goods of others. A trademark may also be used to prevent others from using a mark that might be confused with another; trademarks, however, do not prevent other people or businesses from producing the same product or services under a different mark.

In the US, trademarks can be registered with the United States Patent and Trademark Office (USPTO). The filing fee is more substantial than it is for a copyright, and it usually takes a longer time to obtain registration, since the Patent and Trademark Office conducts a substantive review of any potentially conflicting marks, or marks that might be confused with others.

A patent for an invention grants a property right to the inventor that will prevent anyone else from making, using, or selling an invention. A patent lasts for a limited amount of time, usually 20 years from the date the application was filed, and is only effective in the country in which it was filed. The application for a patent must include a detailed description of how the invention works. Since a patent is considered "property," it may be bought, sold, mortgaged, or licensed by the owner.

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Discuss this Article

anon215274
Post 18
How do I find out if my invention is already patented?
anon172916
Post 17
I drew this design in illustrator for a shirt/hoodie. I want this company to make them for my clothing line. But i am going to a mall to get it made, so i feels that he/she will want to display my item and sell it. So, should i get the design patented?
anon169275
Post 16
what is the best way to protect an invention, like playing cards? i would like to know if i have to trademark or copyright my products?
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anon164606
Post 14
i want to trademark something 50/50 with a partner. How do i do this?
anon162891
Post 13
I have drawn something and written something that will always go together - yet remain separate. The drawing and the message is something that I hope many will embrace. I plan on putting that drawing - and the message - first on T-Shirts and then on baseball caps and so on.

I do not want to be limited as to what and where I can put the drawing/message. It's the message I will be pushing, not the 'thing' it's pm. So I'm confused. Would I (could I, should I?) trademark the drawing and copyright (as in 'officially register) the message? Or officially copyright both? Or trademark both? Or what? I'm really lost and could use some advice. Thank you!

anon123011
Post 12
I came up with an idea for a toy. Should I get it patented, trademarked, or copyrighted? In the past, I came up with an idea and a company took it and is making money off of it. I'm not making the same mistake again.
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anon118083
Post 11
What should I do for a TV show: patent, trademark or copyright?
anon84987
Post 9
Why would you copyright a method of playing guitar to begin with? Music is meant to be shared!
rochroch1
Post 8
I have authored a method for playing guitar which I have copyrighted.

However, I would like to know whether or not the *title* I have given this method is covered under the copyright, or if I should trademark it to prevent its use by someone who might apply the title to their own original work.

I also use a logo. Should I trademark that as well or can it be covered by the copyright? Thanks for any info. The copyright and patent offices won't advise on these matters and attorneys are pricey.

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anon71888
Post 6
Can i use a copyrighted name? As in, I wanted to use a name, but the site has it copyrighted. I would use it as a non-profit thing, so I'm still not sure its okay.
anon42578
Post 5
can i patent BJP's and congress' flag in india?
sunrisearifa
Post 4
how can a patent help a business man in trading?

what things can be the right to be patented?

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genesis
Post 1
can you copyright an expression?

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