What is a Trademark?
A trademark is a mark used in connection with a good or service that indicates the source of the good or service. The purpose of a trademark is to let consumers know the source of a product so that they can reliably make decisions about their interactions with those products. This is often referred to as the trademark representing the goodwill between a business and consumers. Trademarks permeate our daily lives and can be extremely important assets to businesses. While Trademarks exist at common law, full federal protection under the Lanham Act requires registration of the mark with the USPTO.
What is a Copyright?
A copyright is the protection given to an author’s expression manifested in a physical medium. These are most often used in relation to sound recordings, audio visual works, software, photographs, paintings, and many other types of art. Obtaining federal protection through registration is the best way to ensure your rights are in place to prevent infringement in the future.
What is a Trade Secret?
A trade secret is a process, method, recipe, or other commercial activity which derives its economic benefit from not being known by others. Trade secrets are their own area of law under the common law because they are the types of activities that do not fall under copyright, trademark, or patent protection. The most famous of all trade secrets is the formula for Coca Cola, which serves as a great example of how valuable an asset a trade secret can be. However, trade secrets must be kept confidential and require internal processes to maintain their secrecy both in fact and in the eyes of the legal system.
Do I have to register a Trade Mark?
You own your trademark the day you create it and registration is not a prerequisite to enforcement, however, federal registration serves as national notice of ownership, and provides a slew of benefits for enforcement of your trademark. Without it, litigation can becomes costly and time consuming without an avenue to recover attorneys fees and costs. Therefore, although you do not have to register it, a proper registration is highly recommended.
Do I have to register my copy right?
Yes, although you own your copyright the day you create it, under federal law, registration is a prerequisite to enforcement of a copyright, . Registration of a copyright is not expensive or difficult. People often bring up an urban legend involving mailing your copyrighted materials to yourself in a sealed envelope, however, this process is insufficient to enforce your copyright under federal law.
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