Copyright & Tradmark Rules
Trademark and copyright laws are legal devices designed to allow creators to protect the exclusive use of their creations. Trademark laws essentially protect product reputation and business goodwill, while copyright laws protect the exclusive use of original works of authorship.
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Definition of Trademark
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A trademark is a visual cue that is used to identify a particular product and distinguish it from those of competitors. It can be a word or phrase (such as Yahoo!, for example), a design or a symbol, a combination of letters or even a particular color combination.
Obtaining a Trademark
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The three basic characteristics that a trademark must possess are distinctiveness, tangible representation and actual use. A trademark must be distinct enough to distinguish it from other products in the same category, which is why "Apple Computers" qualifies, but "Apple Apples" would not. A trademark must also be reduced to a tangible form rather than an abstract idea. Finally, a trademark must be actually used in business in order to qualify, and is only protected for the product category and geographical area in which it is used (some famous trademarks are so widely used that there are no geographical limits on protection).
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Trademark Registration
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In common-law nations such as the United States, trademark rights are acquired by actual use rather than by registration. Nevertheless, registration with the U.S. Patent and Trademark Office confers many legal benefits, including access to federal courts and the right to triple damages against infringers in some cases. Although trademarks are registered for 10-year terms, a trademark is considered forfeited if it is no longer used, even if its registration is still valid.
Copyright Definition
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A copyright is a legal device used to protect the exclusive production, distribution, performance, public display, reproduction and adaptation of an original work of authorship. All kinds of artistic works are protected; however, maps, reference works, photographs and software programs are also entitled to protection under copyright law. Except in cases of works for hire, the author is considered to be the initial copyright holder (although she may sell or license her copyright to another).
Attachment of Copyright
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A copyright is automatically created as soon as an original work is recorded in some way, and is entitled to worldwide protection. It need not be published or registered in order to be protected, and copyright notices are not required for works produced after 1989. A copyright originally created in favor of an individual author lasts for 70 years after the author's death (even if the author sells the copyright to someone else). A copyright originally held by a corporation under a work for hire agreement lasts for 120 years after creation or 95 years after first publication, whichever comes first.
Copyright Registration
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A copyright need not be registered in order to be enforced. However, copyright registration is useful evidence of copyright ownership in case of an infringement dispute. Copyright registration is available through the U.S. Copyright Office.
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