What is the difference between copyrighting and trademarking?

Question

Which one would I use to protect a publication that I am working on? Also, can I protect phrases or words that will specifically identify my publication even if the word or phrase is commonly used in the real world? I haven't hired an attorney yet, I won't get that far for another year or so. For now I am just in the planning stages but I wanted to protect my idea until I have my seed money.

Answer 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.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through 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 (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

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 your publication, you can do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

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

Answer 2

Trademarks protect your brand which is usually a tag, logo or brand-name, and copyrights protects the product (model, design, intellectual effort ,etc) example: McDonald's is the trademark, the Big Mac is a product that has copyrights own by McDonald's, so no other restaurant can have the McDonald's name without paying for the franchise neither sell a Big Mac which is an invention protected by copyright or a patent.