TRADEMARKS AND COPYRIGHTS
What is a Trademark?
Trademark law can give protection to a name, logo with unique marketing features.
What is a service mark?
A service mark is similar to a trademark, but promotes services and events.
Example: Kinko’s, Amazon, FedEx
What is a collective mark?
A collective mark is a symbol or word used to show mass membership and identify goods etc. A service mark can also have a collective mark. This is called a “trade dress” and can be protected under federal trademark law.
Example: Girl Scout Cookies and symbol, the green color used to identify 7-11 stores or the red neon used with the Sonic logo.
What is a certification mark?
An identifying symbol used in connection with a product. Example: Official collegiate sportswear has a silver seal that is attached to all products.
What is the difference between a copyright and a trademark?
A copyright protects original works of expression (example: books, novels, art, and music). Copyrights do not protect names, titles, or short phrases. That is the purpose of a trademark. The trademark laws protect the product or service name and any slogans used in the advertising, while the copyright laws protect the additional creative written expression contained in the product.