[originally published September 10, 2015 at www.law-dlc.com]
The term “intellectual property” is commonly used to describe creative works such as inventions, music, movies, art, technical know-how and other intangible products. Unfortunately, the various types of intellectual property can often be confusing or difficult to categorize. For example, it is not uncommon to see a reference to a word or slogan being “copyrighted” when in fact, the correct term of art is “trademark.” Likewise, I am often asked in my practice to help clients “patent” their business or trade name.
There are four major types of intellectual property (IP) rights: patents, trademarks, copyrights and trade secrets. Each category has unique characteristics that distinguish it from the other types of IP rights.
Accordingly, as a short-hand guide, here are some key differences between trademarks and copyrights under United States law.
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