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 +  Difference Between a Copyright and a Trademark?
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Topic: Difference Between a Copyright and a Trademark?  (Read 237 times)
melissa
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« on: Jan 15, 2010, 10:55:42 AM »

Can someone explain the difference between a copyright and a trademark?
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Roger4575
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« Reply #1 on: Jan 15, 2010, 10:57:40 AM »

A copyright protects original works that fall under the categories of literature, dramatic, musical, artistic, and intellectual. These works may be published or unpublished, and the Copyright Act of 1976 gives the owner exclusive rights to reproduce his or her work in any medium. A copyright protects a form of expression, but not the subject matter of the work. For example, if someone wrote an article about a new car on the market, the text would be copyrighted, preventing someone else from using that particular material. A copyright does not prevent others from writing their own original article about this new car, however, or from using or making the car themselves.

A trademark is used to protect a word, symbol, device, or name that is used for the purpose of trading goods. The trademark indicates the source of goods and distinguishes them from the goods of others. A trademark may also be used to prevent others from using a mark that might be confused with another; trademarks, however, do not prevent other people or businesses from producing the same product or services under a different mark.

In the US, trademarks can be registered with the United States Patent and Trademark Office (USPTO). The filing fee is more substantial than it is for a copyright, and it usually takes a longer time to obtain registration, since the Patent and Trademark Office conducts a substantive review of any potentially conflicting marks, or marks that might be confused with others.
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ellie123
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« Reply #2 on: Jan 15, 2010, 10:58:56 AM »

Mellisa,

You should see this article which might be helpful.

http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm
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