Intellectual Property Law

Trademark Versus Copyright: Which Applies to Your Content?

Posted on January 27, 2012

In my work, I encounter this particular confusion quite regularly - clients (and adverse parties) seem to think that copyright applies to both a website and its domain name. But this belief is incorrect. Here's a simple, easy way to remember it:

Copyrights are for Content. Trademarks are for goods/services.

So, a client can claim a copyright in the content written on a blog, a website, etc. However, you can't claim a "copyright" in the domain name that hosts your website: it's not really content. It could be, however, a name linked to your goods or to a service that you provide. If so, you can claim trademark rights in that name.

[Note that these rights usually apply whether you register with the Federal government or not! But registration certainly helps your arguments later on, if it comes to that...]

For further information, the US Copyright Office website has a document that explains in greater detail what kind of things can get copyright protections, including literary, musical, and dramatic works. And, likewise, the US Patent and Trademark Office (usually abbreviated USPTO, or just PTO) has a document that explains trademarks in greater detail - it describes them as "a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods [or services] of one party from those of others...." Each US state may also offer trademark or copyright registrations, typically at a lower filing cost, although the usefulness of local registrations may not be great as federal registrations.

Steps to Conduct a Patent Search

Posted on December 29, 2011

A patent refers to the right granted to an inventor for discovering any new machine, useful process or a manufacturing item. This right gives the holder the right to prohibit others from using, making, the sales or selling in US the claimed invention in patent exchange for full disclosure of invention. This is a simple way of protecting any discovery or invention.

For conducting the Search, there are few things that are needed such as US this applications, the marketing services, the file histories, the referral services, the software and this searching service. Here we provide you with some steps that need to be followed for conducting a the search.

Conduct self-search

  • First determine which kind of patent you want to seek. Utility patent covers up functional facets of invention whereas the design patent covers up only the appearance of invention.
  • Access patent database online like the ones offered by U.S. PTO (Patent and Trademark Office) and IBM. Find out the most important categories and sub-categories for the invention.
  • Read out class descriptions in database for finding out, which are the ones that hold immense significance.
  • Review all the patents that are issued within the categories or classes.
  • Carry out the keyword searches for the potential invention. Don't leave any stone unturned.
  • Gather your entire patent search results in report.

Hire Professional Experts

  • You need to know the options first-a patent attorney or patent agent or lay searcher. Patent agent is the one having a technical training and is licensed by U.S. PTO for preparing the US patent applications. For finding out patent searchers, you can have a look in yellow pages under the category of 'Patent Searchers'.
  • Make use of the searcher's services proficiently. Do this by offering the searcher with complete and clear description of your discoveries or invention along with drawings.
  • Analyze the searcher's response methodically.