difference between copyright infringement and trademark infringement

The big difference between copyrights and trademarks is the latter has to do with words, symbols and colors that are associated with your brand. So while copyright has to do with protecting the distribution of your creative works, trademarks protect the linkage between your logo and your brand – its distinctiveness.

1. What is the difference between trademarks and copyrights?
2. What is considered a trademark infringement?
3. What is trademark infringement examples?
4. Is it better to trademark or copyright a logo?
5. How much does trademarking a logo cost?
6. How do you check if something is trademarked?
7. Can you go to jail for trademark infringement?
8. Can you use company logos without permission?
9. What happens if you don't enforce your trademark?
10. What is an example of infringement?
11. How do you protect yourself from a trademark infringement?
12. What is a infringement?

What is the difference between trademarks and copyrights?

Copyrights and Trademarks Defined

Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. ... Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

What is considered a trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. ...

What is trademark infringement examples?

It is very similar to service mark infringement. One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic.

Is it better to trademark or copyright a logo?

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. ... So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

How much does trademarking a logo cost?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

How do you check if something is trademarked?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

Can you use company logos without permission?

A person or company should never use a trademark or logo without written permission from its owner. ... However, even then, third parties cannot use logos without a specific agreement. More than that, trademarked companies often have resale policies for their products.

What happens if you don't enforce your trademark?

For many companies, trademarks are important business assets built through goodwill and reputation. ... However, a failure to enforce a trademark by monitoring the mark for misuses will result in a weakening of the mark and loss of distinctiveness, which can lead to a loss of the trademark.

What is an example of infringement?

To infringe is defined as to violate a law or agreement, or to exceed limits. An example of to infringe is breaking a hospital's rule of no smoking on hospital grounds. An example of to infringe is to build a fence that extends onto your neighbor's property.

How do you protect yourself from a trademark infringement?

The 5 Things You Must Do to Protect Your Trademark

1. Do Your Homework. The USPTO won't register your trademark if there is a “likelihood of confusion" with another registered trademark. ...
2. Prepare and File a Trademark Application. ...
3. Respond Promptly to Office Actions or Oppositions. ...
4. Monitor Your Trademark. ...
5. Maintain Your Trademark.

What is a infringement?

An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. ... In intellectual property areas, an infringement refers to an unauthorized use of a copyrighted or patented invention. (see also: trademark infringement, patent infringement, and copyright infringement.)