Intellectual Property

*Photo by BusinessSarah is licensed under CC 2.0. *

Intellectual property is a legal concept of the ownership of generally intangible creations of the mind. The law protects the intellectual property of individuals and businesses against the unauthorized use by others. In this post, I will discuss three significant categories of intellectual property protection and their differences: trademarks, copyrights, and patents.

What Is a Trademark?

As I discussed in a previous post, a trademark is a word, phrase, symbol, or design that identifies a source of goods or services, distinguishing the product or services of one business from that of another.

Technically speaking, a trademark identifies the source of goods while a service mark identifies the source of services. Otherwise the two are the same. The word trademark, however, is often used to refer to both trademarks and service marks.

It is important to recognize that registering a website url or a business name with your Secretary of State’s office does not in and of itself provide you with trademark rights. In fact, you may be forced to surrender a website url—or even your business name—if it infringes on the trademark rights of another.

What Is a Copyright?

A copyright protects original works of authorship, providing the owner of the copyright with the exclusive right to reproduce, distribute copies, perform, or display the copyrighted material. (See 17 USC § 106) A copyright is often what comes to mind when speaking of intellectual property, though it is distinguishable from both trademarks and patents.

What Is a Patent?

Patents generally protect inventions. Patents provide their holders with the exclusive right to make, use, and sell the patented invention.

As a side note, attorneys practicing in the area of patent law require a special license. While I do not personally have the necessary license, Meredith Lowry, my former law partner at Smith Hurst, PLC, does provide these services.

What Is the Difference Between Trademarks, Copyrights, and Patents?

Trademarks, copyrights, and patents provide different types of protection for different types of intellectual property. Generally speaking, trademarks protect brand names and logos, copyrights protect original works of literature or artistic expression, and patents protect inventions.

So, for example, if you invent a new software application, you would acquire a patent to protect the actual software, you would acquire a trademark to protect the logo you use when selling your software, and you would acquire a copyright to protect your advertising material, such as your website. (Software can be copyrighted as well, but that is beyond the scope of this post.)

Understanding Intellectual Property

The law recognizes the concept of intellectual property because it encourages innovation and promotes original expression and various business ventures. The US Constitution even mentions this area of the law.

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Sources:

Protecting Your Trademark: Enhancing Your Rights Through Federal Registration

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See Also:

Trademark v. Service Mark

Bases for Trademark Applications