The Difference between a Patent, Trademark, Servicemark, and Copyright
Knowing the difference between a patent, trademark, servicemark, and copyright is important for when you need to apply for one. A patent is for an invention and grants a property right to the inventor. The Patent and Trademark Office issues the patent, setting the term of a new patent at 20 years from the date the application was filed. The right granted by the patent is the right to exclude others from “making, using, offering for sale or selling” the invention within the United States. It does not grant the right to make, use, etc. to the person who holds the patent, simply the right to exclude others.
A trademark is a symbol, name, word, or device used in trade to designate here the goods originated and to differentiate them from the goods of others. A servicemark is similar to a trademark except it designated the source of a service instead of a product. Trademark and mark are both commonly used in reference to both trademark and mark. The rights obtained from a trademark are simply to prevent others from using a very similar mark, not from making identical goods.
A copyright protects original works of authorship, such as musical, artistical, literary, and other intellectual works, both published and unpublished. The 1976 Copyright Act provides the owner the exclusive right to duplicate the copyrighted work, to distribute copies of the work, to perform the work publicly, or to display the work. The copyright only protects the form of expression, not the topic of the writing.
To read more on this visit What Are Patents, Trademarks, Servicemarks, and Copyrights?
If you have any questions, please contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida law firm.
