Copyright and trademark Works in designing and patenting
You create a unique design and want to protect your rights in it. But how? Should you apply for a copyright, a trademark or a design patent? The answer ~ it depends.
We often find confusion surrounding designs. We may get a request to file a design patent, but a copyright application is more appropriate. Or we may get a request to file a trademark, but the design as used is not an indicator of source. So what are the differences between a copyright, trademark and design patent?
A copyright protects original works of authorship. This includes literary, dramatic, musical, and artistic works, for example, photographs, paintings, clothing designs, poetry, novels, movies, songs, computer software, and architecture. A copyright does not protect facts, ideas, systems, or methods of operation.
Copyright exists from the moment the work is created and is in a tangible form. Thus, copyright registration is voluntary. If you wish to bring a lawsuit for infringement of a U.S. work, however, you will have to register the work. There are significant advantages that may apply if you register your copyright within three months of publication, such as the ability to seek statutory damages and attorney fees.
Copyright exists from the moment the work is created and is in a tangible form. Thus, copyright registration is voluntary. If you wish to bring a lawsuit for infringement of a U.S. work, however, you will have to register the work. There are significant advantages that may apply if you register your copyright within three months of publication, such as the ability to seek statutory damages and attorney fees.
A trademark, on the other hand, is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. Trademark rights are obtained when the mark is used in U.S. commerce. The rights can be based in common-law, or due to registration with the U.S. Patent & Trademark Office, which provides for stronger enforcement of trademark rights.
So how do you differentiate your work?
So how do you differentiate your work?
I painted a butterfly, naming the work “Find Joy Everywhere.” I intend to create copies of the painting and sell them in a store. Have I gained rights in copyright or trademark? In this example, I have only created rights in copyright. All that I have done is to create a piece of art. I am not using the painting as a symbol of my business. I am simply selling the art through my business.
Copyright is the legal authority to use and sell a piece of work in a given time. It protects the interest of the sellers or first producer, say inventor.
