Today, many people tend to be confused on what copyright, patent and trademark is all about. Many people tend to neglect the importance of these things. First of all, when you start your own business, you should have a trademark for your business. A trademark is a kind of symbol or logo that you put in your products to distinguish it from other products made by other companies. For example, if you are in the apparel business, you should have a unique trademark for your clothes, shoes and pants. By having your own trademark, you can be sure that your clients will know what they are buying.
If you made a new building design, or if you composed a song or poet, you have to copyright it in order to prevent it from being used without your permission. By copyrighting your songs, your architectural designs, or your documents, you can be sure that it will make it illegal to be used by other people without your permission. It is important that you should copyright your documents in order to prevent others from profiting from it. For example, if you composed a new song and were a hit with the public and you didn’t copyright it, you will see that someone else will claim that they wrote the song and will prevent you from using the song without their permission.
The same thing goes in patenting an invention. By patenting a particular invention, you can make sure that you will have absolute right for it and claim it as yours where no one will be authorized to copy it. Patenting, copyrighting and trademarks are all in the intellectual property law. You have to consider that this law is made to provide protection on intellectual property and is a special branch of the law that requires a special kind of lawyer.
Trademark registration, patenting, and copyrighting are all handled by the United States Patent and Trademark Office or PTO. The PTO is responsible for patenting all kinds of inventions and they are also responsible for registering trademarks and copyrighting. If you recently invented a new kind of gadget which is original and fully functional on its purpose, you can apply for a patent. By patenting your invention, you can be sure that no one else will be able to claim the invention as theirs. However, you have to consider that patenting an invention will take a lot of time and will cost a lot of money. This is why you should be financially prepared for it. You should also consider the fact that you will need a patent and trademark lawyer for it to represent you during the entire process of patenting your invention.
You have to consider that the patenting process is a complex process which deals with the intellectual property law. You will also need a lot of requirements for it, such as a prototype of your invention that you need to demonstrate with the PTO. The PTO will determine whether it can be approved or rejected of patenting.
In the trademark registration process, you have to present your trademark symbol to the PTO. Although the process for trademark registration is shorter than patenting an invention, you have to consider that it will also take some time. You will need to present a minimum requirement, such as a trademark design and your business registration. Once you have the minimum requirements needed to file for trademark registration, the next step is by letting a PTO lawyer examine the trademark and determine whether it bears a resemblance with other kinds of trademarks that is already registered.
There are specific grounds for approval and refusal of trademark where the PTO lawyer will base their decisions. If your trademark symbol contains a lot of similarities with other trademark symbol that is already registered, it will usually be refused.
These are the basics in patent, copyright and trademarks. As you can see, it is very important to get your inventions, your architectural designs and trademark logo registered with the PTO to protect it from being used without your permission or get it stolen and be claimed by other people.
So, the next time you successfully invented something or you have a new business trademark symbol, or if you wrote a new song or designed a new building, get it patented, copyrighted or registered in the PTO immediately.
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Intellectual Property Rights or IPR is a controlled protection for original works such as writing, identifiers, inventions, and processes. Patent and trademark are some of the many types of intellectual properties.
Patent Defined
A patent is an “exclusive right” given by a state to a patentee. An approved patent is usually an invention which is original, creative, functional and most importantly “industrially relevant.” The right is being given in a permanent duration as long as it is made known to the public.
Patents are classified into three categories such as:
1. Plant patent – a type of patent wherein anyone formulates a new variety of plant commonly through asexual reproduction.
2. Utility patent – a type of patent wherein anyone uncovers any new and functional procedure, mechanism, piece of manufacture, composition of matter or any innovative development.
3. Design patent – a type of patent wherein anyone invents a contemporary, innovative and ornate design for an article of manufacture.
Trademark Defined
A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors.
Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components.
Uses of Patent and Trademark
With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your “mark.”
A patent is commonly administered by the government so that the public may be able to utilize it. Conversely, a trademark is commonly managed and utilized by entrepreneurs for their own good since trademarks are usually being used as an effective marketing tool.
Benefits of Patent and Trademark
An exclusive ownership – that is the primary benefit when an individual decides to patent his work or someone decides to register a trademark. With this, other people will be prevented from creating, using or selling the ones you have such as an invention or a “mark.”
You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.
The Registration Process
In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as “patent specification.”
For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your “mark.” Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.
Both patent and trademark application has its corresponding filing fees. The approval of patent and trademark is being managed by the United States Patent and Trademark Office (USPTO).
There are people or institutions who can help you deal with your patent or your trademark registration. For instance “The Investors Assistance Center” is an agency which can help you with topics concerning patent. On the other hand, a professional lawyer who specializes in federal trademark may be of help on your queries about trademark registration.
The idea of an individual may it be in the form of an invention or simply a signage is an important asset of one’s society. Knowing how to properly utilize it as well as take good care of it can hold a lot of benefit not only to the discoverer but to the whole nation as well.
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