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Understanding Trademark and Copyright Law The distinction between a copyright and a trademark is often confusing to businesses, artists and musicians. This confusion is understandable, and so to best explain these two is to look at the legal and functional purposes of the words. The word, name, symbol or device used in commerce that is related to the goods or services as an indication of the source of those goods or services, distinguishing them from the goods or services of others is called a trademark or service mark. Trademarks are the normally used to avoid others in using similar marks that will only confuse your market on which is the source, or the affiliation, or the sponsor and endorser of the product or service among competitors.
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It is not necessary to have a federal registration when it comes to trademarks or service marks in the interstate commerce, but you can register also with the Patent and Trademark Office called PTO, to be sure and have a sense of ownership. Trademark rights in the United States for example came about because of it being used in businesses, and this type cannot be reserved unless the marks would sure to be used in the near future in the business.
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As mentioned, trademarks do not need to have a federal registration in order to protect you, however, a federal registration of a trademark could prove some benefits of an investment if you will use your marks for many or significant projects. Authors of literary, dramatic, musical, artistic and other certain works that are both published and not published, can have protection of their intellectual property or works by applying a copyright. In the US Copyright Act, it gives the owner of a copyright the exclusivity to reproduce its copyrighted work, to create another work derive from the original work, to distribute copies of the work that is copyrighted, to execute the work in public, and to show the work in public. The various works that are covered by copyrights are as follows, 2 or 3 dimensional works of arts, forms of images like pictures, photographs, graphic designs and drawings, recordings of all kinds like music, songs and sounds, written works like books, manuscripts and publications, and performance arts like plays, movies and shows. Further, a trademark considers the elements of any term, design, number or combination applied to goods or services that would enable a consumer to identify the source of the mark. With copyright on the other hand, gives protection to the original work that has been expressed in a medium of permanence like in a book, painting or music disc. Be further informed that copyrights can only protect the permanent expression of an original idea but not the idea behind the expression.

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