Copyright, Logo, Trademark, Service Mark - The Difference

Discussion in 'Legal Issues' started by wrmineo, Aug 24, 2006.

  1. #1
    I'm not a lawyer, so let's get some "book" definitions to start with:

    Trademark:
    A word, phrase, symbol, or design, or combination thereof, that identifies and distinguishes the source of the goods or services of one party from those of others. A registered trademark is a trademark the US Patent and Trademark Office (USPTO) has accepted and registered for a certain class of goods. Registered trademarks are identified with an ®.

    Logo:
    A logotype, commonly known as a logo, is the graphic element of a trademark or brand, which is set in a special typeface/font, or arranged in a particular, but legible, way. The shape, color, typeface, etc. should be distinctly different from others in a similar market.

    Copyright:
    ... is a form of protection provided by the laws of the United States (title 17, US Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

    and here's one most aren't aware of ....

    A service mark is the same as a trademark except it identifies services instead of products. The words “trademark” and “mark” are also used to refer to service marks.

    Should you protect your proprietary work - YES.

    These definitions, rules, laws et al will vary from country to country; the aforementioned is all based on United States laws, rules and regulations.
     
    wrmineo, Aug 24, 2006 IP
  2. DarrenC

    DarrenC Peon

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    #2
    Interesting post!

    Can you give an example of a service mark? - a type of service that would use such a mark
     
    DarrenC, Aug 24, 2006 IP
  3. wrmineo

    wrmineo Peon

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    #3
    The US Army "star" is a registered trade mark, while the slogan "An Army of One" is a registerd service mark. Same goes for "GoArmy" - it's service marked as it's the online service for their recruiting and PR efforts.

    A trademark protects a name or symbol that identifies the source of goods or services, such as a brand name like Coca-Cola.

    A service mark distinguishes a service.

    Maybe a better, but not so obvious example:

    Visa is a service mark example. Their logos would be trade marked, but the name is service marked because it defines their service; same goes for Master Card ;)
     
    wrmineo, Aug 24, 2006 IP