The Law Offices of Melissa K. Dagodag

The Difference Between a Copyright and a Trademark:
Copyrights and trademarks are two different types of intellectual property. Many people confuse the two and erroneously think they are the same. While both are useful business tools and assets, there are key differences. A Copyright is a form of "intellectual property" through which the U.S. government gives protection to original works of authorship fixed in a tangible medium. The protection is called a "Copyright." Copyright protection is given to "works," including literary, dramatic, musical, and artistic works, such as novels, songs, motion pictures, computer software, and architecture. Subject to some limited "fair use" exceptions, a copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license a work, and derivatives to the work.

In contrast, a "trademark" is a word, name, symbol, or device, or any combination thereof, used, or intended to be used, in commerce to identify and distinguish the goods of one seller or manufacturer from goods sold or manufactured by others. A trademark also indicates the source of the goods. Basically, a trademark is a brand name.
"The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift."

--Albert Einstein
United States Patent & Trademark Office
The USPTO is the federal agency that handles the processing and issuing of trademarks and patents. The USPTO's comprehensive website offers an array of information. For non-attorneys, the most helpful section may be "Basic Facts About Trademarks"
California Business Portal
A great resource for to learn more about California corporations and LLCs, including forms and filing fees.
Wikipedia
If you're unsure about the legal terminology you come across on a daily basis, try searching Wikipedia for an easy-to-understand explanation.



		The Difference Between a Copyright and a Trademark: Copyrights and trademarks are two different types of intellectual property. Many people confuse the two and erroneously think they are the same. While both are useful business tools and assets, there are key differences. A Copyright is a form of "intellectual property" through which the U.S. government gives protection to original works of authorship fixed in a tangible medium. The protection is called a "Copyright." Copyright protection is given to "works," including literary, dramatic, musical, and artistic works, such as novels, songs, motion pictures, computer software, and architecture. Subject to some limited "fair use" exceptions, a copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license a work, and derivatives to the work. In contrast, a "trademark" is a word, name, symbol, or device, or any combination thereof, used, or intended to be used, in commerce to identify and distinguish the goods of one seller or manufacturer from goods sold or manufactured by others. A trademark also indicates the source of the goods. Basically, a trademark is a brand name. "The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift." --Albert Einstein United States Patent & Trademark Office The USPTO is the federal agency that handles the processing and issuing of trademarks and patents. The USPTO's comprehensive website offers an array of information. For non-attorneys, the most helpful section may be "Basic Facts About Trademarks" California Business Portal A great resource for to learn more about California corporations and LLCs, including forms and filing fees. Wikipedia If you're unsure about the legal terminology you come across on a daily basis, try searching Wikipedia for an easy-to-understand explanation.
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