How do I find out if I need a patent, trademark or a copyright?
Patents, Trademarks, and Copyrights are three types of intellectual property protection. They are different and serve different purposes. Patents protect inventions, and improvements to existing inventions. Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. Service marks include any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. Copyrights protect literary, artistic, and musical works. For general information, publications and other copyright related topics, you may visit their Web site at http://www.copyright.gov. Copyrights information can be obtained from the U.S. Copyright Office, Library of Congress, Washington, DC 20559 or you may call 202 707-3000 or 202 707-6737 (TTY).
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The U.S. Patent and Trademark Office does not register copyrights. Copyrights cover literary, artistic, and musical works. Copyrights are registered at the Copyright Office, Library of Congress. Information concerning copyrights may be obtained from the U.S. Copyright Office, Library of Congress, Washington, DC 20559, or you may visit their web site at: http://www.copyright.gov. Copyright Office specialists are available to answer questions by phone Monday through Friday (except federal holidays) from 8:30 a.m. to 5:00 p.m. Eastern Time. Recorded copyright information is available 24 hours a day, seven days a week. You may contact the Copyright Office at 202 707-3000 or 202 707-6737 (TTY).
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Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
2006-06-07 13:10:30
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answer #1
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answered by heart_and_soul_of_ice 3
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What route you take depends on what you want to protect:
1) Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
2) Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
To register for a copyright, go to the US Copyright Office. An application fee is $30, though this will likely rise to $45 on July 1.
I posted the appropriate governmental links as well as some handy resources for copyrights & trademarks.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-06-08 04:17:54
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answer #2
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answered by TM Express™ 7
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the reason each and every website tells you to apply the U. S. equipment is because you've been searching at American internet sites. each and every united states has its personal guidelines with regard to this variety of ingredient. I imagine the european has its personal regulations to boot.
2016-12-06 11:48:19
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answer #3
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answered by lashbrook 3
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