Trademark or Copyright??

Question

Hello,
Maybe someone can answer this question.If I developed an online website that became popular,would I be protected under a website "CopyRight" from someone infringing on my name or would getting an old fashion "Trademark" on the name be better.
I see popular websites that do not have a "Trademark" but they do have a Copyright on their site.I did search www.uspto.gov to verify this.Anyone have any info on this.

Answer 1

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.

So, the copy on your web site could be something you file for a copyright.

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.

So, you could file for a trademark for your name, logo, slogan, etc.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Copyright exists and protects any tangible expression of an idea and not the idea itself. So once the website is created and visible to the viewer on the screen, printed on paper or is stored on a disc, it is automatically protected as your Intellectual property.
Trademark is for an arrangement of a phrase or artwork and protects logos, names, etc. You can always use TM in a circle to convey that you are claiming rights on that particular phrase or arrangement and once you actually register it officially you can change to R in a circle. Also if you have the .com extension of the domain name your case for trademark registration is almost certain/ establisehd as .coms outweigh other extensions by about 10:1.

Answer 3

You trademark your name. You copyright your contents.