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for different spellings? as in kola or cola or koke or coke as diferent trademarks? or like if you have a name for a comedy club like chuckles what if you spell it with an `s` as in shuckles is that trademark infringement?

2007-10-13 12:33:35 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

A copyright can be for a brand name, work of art, a book, etc a trademark is for a logo of commercial name.
They are both part of what is called Intellectual property and are registered.
The names or logos must be unique and distinctive from others so as not to produce confusion among the general public, so if you have a different spelling of a similar product of business then you will not be able to register the trademark or the copyright.
In Costa Rica both are registered at the National Registry under the Intelectual property section
http://attorneykearney.com
Lic.Gregory Kearney Lawson.

2007-10-14 05:56:01 · answer #1 · answered by Anonymous · 1 0

Cola is a generic word and any soda that fits the basic formula can call itself cola. Spell it Coke and you will get sued. If you notice that if you order a Coke in many restaurants will say, "Is Pepsi okay." Coke will send out cease and desist letter if a restaurant serving Pepsi does not tell the customer it is not Coke when a Coke is ordered.
Coke and Coca Cola are both registered trade marks. Note, it you mention Coke in a story, you have to cap it. If you say, "I drank my cola." You do not.
Trademarks have to do with business use. Apple, Inc. had to make an agreement with Apple Records, the Beatles recording company, since both were in the entertainment business. On the other hand, Lexus the Legal search engine, did not have to (they won the law suit) pay any royalty to Lexus the car division of Toyota, based on the fact that you would not be confused.
Bayer lost its trademark on the word aspirin, because it was not protected and entered the public domain. Kleenex Tissues fights to keep the name Kleenex out of the public domain because you seldom here anyone say, "Do you have a facial tissue?" People think of tissues as Kleenex, and will ask for one. Most people won't say, no, but you can have a Scot Tissue.

Copyrights are for creations of works, like an add for Pepsi, or a movie or a book.
The cost of copyrighting or trademarking are not real expensive.

2007-10-13 12:53:32 · answer #2 · answered by Songbyrd JPA ✡ 7 · 1 0

Trademark and copyright are NOT the same thing. They are very close, but not the same. You should go speak with an attorney to see which is appropriate for you. Copyright is, by far, the cheapest! You don't have to pay for a copyright! However, you DO have to pay to REGISTER the copyright, and it's about $20.
Yes, it could be a form of infringement, but the context must be examined closely.

2007-10-13 12:45:12 · answer #3 · answered by cyanne2ak 7 · 1 0

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