The difference between trademark, copyright, servicemark and patent

A trademark is any word, name, phrase, slogan, sound, smell, color, symbol, design, group of letters or numbers, product configuration, device or combination of these elements which identifies and distinguishes the business names, trade names or commercial products or services of one party from others whereas copyrights protect individual, original works of expression of literary, dramatic, musical, artistic, and certain other intellectual works, whether published or unpublished. A copyright protects works of songs, books, movies, and art. The duration of copyright protection for works created by an individual lasts for the life of the author, plus 70 years. For works created anonymously, pseudonymously, and for hire lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

A patent is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission for a period of 20 years from the filing date of a patent application. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions.

There are three types of patents:

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

By Metin Caglar, Esq   Intellectual Property Law articles