About trademarks, copyright & patents
Intellectual property can be an important part of an organizations property. This "property of the mind" can exist in the form of trademarks, copyright and patents.
Trademarks, copyright and patents explained
The ways to protect intellectual property include registered trademarks, copyright and patents. Each has different functions, and they vary depending on the type of intellectual property involved. They can be explained in simple terms as follows: -
Registered trademarks protect logos, names, or brands, in relation to goods and services.
Copyright protects the way things are written or expressed, but not names.
Patents protect new inventions, but not brands.
... registered trademarks v copyright
If you are an author, the usual way to protect your book is by way of copyright.
However, if you want to protect the name of the book, or the name of a character, copyright does not work.
Dan Browne, author of the Da Vinci Code thriller, was sued for breach of copyright. However, the copyright owner did not win the case. This was because you cannot copyright historical events or facts.
One of the most successful registered trademarks relates to Winnie the Pooh. Royalties from character merchandising are still substantial.
... registered trademarks v patents
Patents are important in protecting inventors and inventions. But they do not cover certain things like recipes.
If patents really worked, then you would not expect that there would be more than one type of mobile phone, camera, or computer. Patents are granted in return for inventors making their inventions public.
Patents are limited in time (usually 20 years). Unless a technical (technological) step is involved, or that it adds to the state of the art, patents may not be an appropriate form of intellectual property to protect the intellectual property concerned.
Moreover, some things just cannot be patented, under the relevant legislation.
A good brand can be protected forever. Registered trademarks can be renewed indefinitely. The internet has led to branding of new registered trademarks such as Google, Yahoo, U Tube and many more.
Registered trademarks are usually less costly to obtain than patents. Large organizations find them very useful in protecting their investment in advertising their brands. Smaller organizations also are finding how useful registered trademarks can be too.
Visit Battle’s trademarks page for information about trademarks. To learn some of the advantages of registered trademarks, go to our trademarks advantages page.
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