If I am starting a company with a new product, which one gets a trademark and which one gets copyrighted?

Question

I am trying to start a new company and have a product, I want to know which one gets the copyright and which one gets a trademark.

Answer 1

Patent the product - trademark the business logo and name.

You can't copyright an idea, a product or a business or an "idea of a business".


'Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The copyright protects the form of expression rather than the subject matter of the writing.


For more information - visit:

www.uspto.gov
http://www.copyright.gov/

If you're still needing guidance, my contact info is on my profile. And/or check out my previous answers on the topic.

Good luck - I love the independence and courage it takes to do what you're doing.

Answer 2

Depending on what your product is, it may be possible to file for a copyright on the product itself whereas the name, logo, slogan would be a trademark issue.

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 protect a business name within your industry, you would apply for a trademark.

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.

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

Answer 3

Copyright is a form of protection provided by the laws of the United States to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works.

Copyright does not cover intellectual property such as titles, names, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring. This type of intangible property is often more appropriately protected by a Trademark. Think of some of the most memorable advertising slogans you have heard. Chances are these slogans are protected by a Trademark of some sort. They are, however, unlikely to qualify for Copyright protection.

Trademark protection, on the other hand, is designed to protect a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one person or company from those of others.