If you’re a business owner, it’s important that you understand your rights when it comes to intellectual property law. Some business owners make the mistake of assuming intellectual property laws don’t apply to them, when in reality their business’s intellectual property might be the most valuable aspect of their business.

Your company’s name, business processes, and products are all extremely important aspects of your company. And intellectual property laws work to protect those irreplaceable company assets.

In this blog, we discuss the differences between copyrights, trademarks, and patents and how to protect your business’s most important assets.

A trademark is defined as any design, symbol, word, or phrase that identifies your company and your products. It must also distinguish your company and products from other companies or products. Generally, anything that specifically identifies your business can be considered a trademark.

Such items may include:

• Your company name
• Your company logo
• Product name(s)
• Sounds
• Product packages
• Symbols or designs

You should also consider registering your business name and/or logo to protect these important business identifiers from unauthorized use by other businesses or individuals.

It’s also possible for certain services to get protections as well, these are known as “service marks”.

A copyright gets its legal authority from the Constitution and covers both published and unpublished works. It protects original works of authorship, providing protection for any tangible items your business had created. A copyright ensures that any tangible items created by you or your business are protected. It also ensure you have the exclusive right to reproduce, publish, or sell these items.

Some common items that may be copyrighted include:

• Nonfiction and fiction writings. This may include books, articles, poems, plays, screenplays, advertising, catalogs, speeches, and more
• Musical works, including both the music itself and/or the lyrics
• Choreographic works
• Sketches, drawings, cartoons, paintings, photographs, etc.
• Sound recordings and motion pictures
• Compilations of existing materials

Depending on the type of business you own, the work that you do on a daily basis may also qualify for copyright protection.

A patent is used to protect invention, and stops others from making, selling, or using your invention for a set length of time. It also prevents others from stealing your good ideas and making money from them.

Some items that may get a patent protection include:

• Machines
• Manufactured articles
• Chemical compositions
• Industrial processes

Items that occur naturally cannot be patented, even if they are a “new” discovery.

Unlike copyrights and trademarks, patents provide protection for a certain number of years, as follows:

• Design Patents: 15 years
• Utility Patents: 20 Years
• Plant Patents: 20 Years

The U.S. Patent and Trademark Office (USPTO) oversees and approves trademarks and patents, while the U.S. Copyright Office handles copyright registrations.

It’s important to note that you are not required to register a trademark to use it, however registration provides you with some additional legal protections that you may not have without registering the trademark.

A trademark registration gives you and your business the legal presumption that you own the trademark. This can be vital if you were get into a legal battle regarding whether you used a name or logo first. You also gain the benefit of being able to assert your legal claim in federal court.

Registering a trademark involves an application process. Generally, you will be required describe the item you want to trademark, indicate how you intend to use it, and pay a registration fee. Prior to starting the process, it’s a good idea to do a trademark search to ensure that no one else has registered a trademark that is the same or substantially similar to the trademark you intend to register.

Any of your work has copyright protection from the moment you created it. However if you would like additional protection, you can register it with the U.S. Copyright Office.

Similar to registering a trademark, registering your copyright is a good indication that you are the owner of a work, should any legal issues arise down the road. If this should occur, you will be able to prove when you created the work based on the registration date. Registered copyrights can also provide additional monetary damages in litigation, and you may even be able to get your attorney fees paid back if you have to go to court as well.

Copyright registration also has an application process that must be completed.

The inventor is the individual who must apply for a patent and must do so within one year of publicly disclosing the invention. Generally, it is a good idea to do a preliminary search to determine if a similar invention has been previously patented and to ensure you meet the requirements to get a patent.

You will be required to meet certain qualifications to get a patent for your invention, and the application process may seem daunting. Inventions that qualify for a patent must be considered “novel” and “non-obvious.” This means they must be different from all other products, (however those differences do not have to cover the entire product).

For example, your invention can use component parts that are similar or even the same as another product—as long as they are used in a different combination or include additional parts.

While it is you can go through the registration or application process legally for your copyrights, trademarks, and patents without an attorney, hiring an attorney is advisable. An attorney has experience in searching for existing registrations and can ensure you meet the application process requirements in less time with less stress.

**Disclaimer: The content used in the article is not to be used as legal advice and is for illustration and general informational purposes only. If you have questions about your particular situation, please contact us to schedule a consultation with one of our experienced attorneys.