Copyright gives the owner the exclusive right to make and distribute copies, or perform a work, or make derivative works, depending upon the type of creative work it is. It is infringed when someone violates those rights, such as by making illegal copies.
Trademark provides an individualized right to use a distinctive mark, sound, color, word, design, etc, to indicate a particular source and quality of branded goods or services. It is infringed when someone uses the brand to falsely indicate or suggest goods or services came from the rightful brand owner, and not the knock-off producer.
Sometimes these overlap, as where a design may be protected by copyright in the sculpture of something and in the trademark value represented by the form itself. Consider the "Mickey Mouse" design: copyrighted as a cartoon character, and trademarked as an indication that it came from Disney (or a licensee). You would infringe the copyright by using "MICKEY" in your own Cartoons; you would infringe the trademark by putting MICKEY's picture on the package.
A copyright protects original works that fall under the categories of literature, dramatic, musical, artistic, and intellectual. A trademark is used to protect a word, symbol, device or name that is used for the purpose of trading goods. Trademarks can be registered with the United States Patent and Trademark Office (USPTO). The filing fee is more substantial than it is for a copyright, and it usually takes a longer time to obtain registration, since the Patent and Trademark Office conducts a substantive review of any potentially conflicting marks, or marks that might be confused with others. There may be occasions when both copyright and trademark protection are desired with respect to the same business endeavor. For example, a marketing campaign for a new product may introduce a new slogan for use with the product, which also appears in advertisements for the product. However, copyright and trademark protection will cover different things. The advertisement's text and graphics, as published in a p
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