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What's better a trademark or copyright?

Discussion in 'Legal Issues' started by ladesignandcoding, Oct 19, 2010.

  1. #1
    Trying to determine what's better between the two. Any suggestions?
     
    ladesignandcoding, Oct 19, 2010 IP
  2. Nigel Lew

    Nigel Lew Notable Member

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    #2
    Nigel Lew, Oct 20, 2010 IP
  3. CCK

    CCK Active Member

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    #3
    Copyright and trademark are different issues but not mutually exclusive. You need to do some research as suggested above.
     
    CCK, Oct 20, 2010 IP
  4. AstarothSolutions

    AstarothSolutions Peon

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    #4
    AstarothSolutions, Oct 20, 2010 IP
    CCK likes this.
  5. CCK

    CCK Active Member

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    CCK, Oct 20, 2010 IP
  6. realgroupspeak

    realgroupspeak Guest

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    #6
    They refer to different things, so it depends which one of the two you really need.... copyright protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. While trademark protects names, terms or symbols that are used to identify the products of a certain manufacturer or company.
     
    realgroupspeak, Oct 20, 2010 IP
  7. Business Attorney

    Business Attorney Active Member

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    #7
    Although both copyrights and trademarks protect intellectual property rights, the purpose of copyright protection and trademark protection is entirely different. In addition, while some things like a design logo may be protected under both copyright and trademark law, in many, if not most, cases the material is either one or the other. Trying to protect a trademark by copyright law, or copyrighted material by asserting that it constitutes a trademark, is folly.

    To say in the abstract that a copyright is better than a trademark, or vice versa, is impossible.
     
    Business Attorney, Oct 20, 2010 IP
  8. emerald7

    emerald7 Peon

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    #8
    Indeed, you cannot choose which is better between the two because both are equally significant in different instances. While trademark refers to a distinctive sign, copyright on the other hand refers to a granted right. Both are highly necessary for the particular purpose they are intended for.
     
    emerald7, Oct 21, 2010 IP
  9. forum123

    forum123 Peon

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    #9
    copywrite and trademark is totaly different matter.both are usefull but not same in use.
     
    forum123, Oct 22, 2010 IP
  10. vinsonmax

    vinsonmax Peon

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    #10
    yes it's totally a different issue.. u can't compare it like that..
     
    vinsonmax, Oct 23, 2010 IP
  11. ContentConnections

    ContentConnections Active Member

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    #11
    they are pretty different from one another, do you want to use one of them? If so state your reason and maybe we can help you out on the matter.

    Content Connections
     
    ContentConnections, Oct 23, 2010 IP
  12. daveyboy74

    daveyboy74 Peon

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    #12
    Sorry I came across this thread and also wondering the same thing, for branding a clothing woud it be better to copyrighting the logo and name? Thanks any inquires would be great.
     
    daveyboy74, Dec 8, 2010 IP
  13. AstarothSolutions

    AstarothSolutions Peon

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    #13
    You are unlikely to be copywriting a name, the logo is automatically copywrited by whoever creates it.

    You can trademark your brand and/ or your logo if you want additional protection
     
    AstarothSolutions, Dec 9, 2010 IP
  14. pacelegal

    pacelegal Peon

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    #14
    Maybe when you become really famous if your name is long enough and original enough according to a recent High Court decision in England you might copyright it as an original literary work just like those banal news headlines got copyright protection recently....next thing it will be tweets.

    But trademark has a different function and anyway you get indefinite protection if you renew it, unless you stop using it or it commits genericide.

    Remember that there is an overlap as someone pointed out so that if you have a composite mark aspects of it may also be protected by copyright as artistic works.
     
    pacelegal, Dec 11, 2010 IP