All About Copyright and Trademark Laws

Copyright and trademark are two of the most confusing terms introduced to businesses, artists and musicians. So in order for these two to be understood properly, defined and explained, a legal intermediation is required for their purposes to be distinguished well.

Defining trademark is just the combination or any of the three - term, number or design that is being applied to the good and services in order for the consumers to know their sources. On the other hand, the term copyright refers to the protection of expression of an original work of authorship the moment this expression is published in a medium such as books, paintings or compact discs. The most common reason why these two are confused with each other is because there are instances that both overlapped when it comes to legal protection wherein your design is used as a trademark but on the on the other hand, you need to seek for copyright since it is your original work. You may want to ask for the legal advices of New Jersey trademark lawyer , copyright lawyer or New Jersey patent lawyer for a better understanding of these two.

A copyright is also an automatic protection once you have created and fixed an expression to your original work. You don't need to seek or file for a copyright notice or registration just so you can implement your copyright. There is a limitation exception though such as the unavailability to the trademark law of the six statutory rights which is only granted to the owners for those who have attached their copyrights to their original work. However, the derivation of the value of a trademark is through the goodwill that it acquired by the consumer association on the mark found on the goods and services. Also, if you have an original design, it will sufficiently qualify for an automatic copyright protection but it will not have a trademark protection unless the trademark is commenced first. The value of the copyright is to essentially function to gain an exclusive right to your work by protecting its originality as well as its commercial desirability.

A copyright will only protect your expression but the idea underlying it is not included at all. Therefore, if you write about something, you are able to create an original idea but the way you expressed it is the only copyrighted portion being protected. Also, there are limitations to copyright for those under the categories of material, names, phrases, titles and slogans that can function as trademark when they are being used for commercial purposes. In the case for trademarks, it will remain as a trademark as long as it continues to be used properly in commence. With the help of professionals like, your rights can be certainly protected.

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