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What are the Basic Differences Between a Trademark and Copyright? Businesses, artists and musicians find it difficult to distinguish the difference between a copyright and a trademark. And so to clarify the distinction between these two is to know the legal and functional objectives of the words. The word, name, symbol or device used in commerce that is related to the goods or services as an indication of the source of those goods or services, distinguishing them from the goods or services of others is called a trademark or service mark. Trademarks are the normally used to avoid others in using similar marks that will only confuse your market on which is the source, or the affiliation, or the sponsor and endorser of the product or service among competitors.
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Trademarks or service marks does not necessarily need a federal registration in interstate commerce, but you may also register with the Patent and Trademark Office or PTO to have a sense of originality and claim to your marks. Trademark rights in the United States for example came about because of it being used in businesses, and this type cannot be reserved unless the marks would sure to be used in the near future in the business.
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A federal registration may not be a necessity for trademarks, but investing in this could give additional protection and of beneficial to your company if you are going to use your marks for an important and significant project or event. Authors of literary, dramatic, musical, artistic and other certain works that are both published and not published, can have protection of their intellectual property or works by applying a copyright. In the US Copyright Act, it gives the owner of a copyright the exclusivity to reproduce its copyrighted work, to create another work derive from the original work, to distribute copies of the work that is copyrighted, to execute the work in public, and to show the work in public. The coverage of copyrights are works of art (2 or 3 dimensional), forms of images like pictures, photographs, graphic designs and drawings, recordings of all kinds like songs, music and sound, written works like books, manuscripts, and publications, and performance arts like plays, movies, and shows. Further, a trademark considers the elements of any term, design, number or combination applied to goods or services that would enable a consumer to identify the source of the mark. On the other side, there is protection of an original work through the copyright, once the original work has been expressed in a fixed medium like books, painting and a music disc. And know that copyrights only protect the permanent expression but not the idea underlying an expression.