Copyright and trademark are two of the most confusing terms introduced to businesses, artists and musicians. These two should only be explained under the legal category in order for these words to be defined and understood very well.
Defining trademark is just the combination or any of the three – term, number or design that is being applied to the good and services in order for the consumers to know their sources. On the other hand, the term copyright refers to the protection of expression of an original work of authorship the moment this expression is published in a medium such as books, paintings or compact discs. The confusing part of these two types of legal protection is that they might overlap when your design is being used as a trademark and at the same time, since it is your original work, then is should also be copyright protected. New Jersey copyright lawyer and trademark lawyers can easily explain this distinction to you.
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Furthermore, copyright is already automatic once you are able to express your original work. You don’t need to seek or file for a copyright notice or registration just so you can implement your copyright. When it comes to limitation exceptions, the moment copyright is attached; the ownership will have six very important exclusive statutory rights that are not found under the trademark laws. However, the derivation of the value of a trademark is through the goodwill that it acquired by the consumer association on the mark found on the goods and services. The most accurate example for this is when you have an original logo with you that already qualified for a copyright protection but it will not have a trademark protection unless it is being used in commence as a trademark. The true value of a copyright is when you are able to essentially enjoy your exclusive right over your work by protecting and claiming its originality as well as its desirability.
Put in mind that a copyright will only protect your expression and whatever idea is behind it, will not be included. Therefore, if you write about something, you are able to create an original idea but the way you expressed it is the only copyrighted portion being protected. A limitation to the copyright is that some categories like title, materials, names, short phrases and slogans are not being covered but can fall under trademark when used in commercial purposes. In the case for trademarks, it will remain as a trademark as long as it continues to be used properly in commence.