Copyright, Trademark, Patents: What are the Differences?
New business owners often face a lot of trepidation during the initial stages of establishing a business. One particular aspect that many startup companies find challenging to tackle may perhaps be the intricate realm that is intellectual property (IP).
For those unaware, IP refers to assets or property that are not physical in nature yet recognizable as a significant element of a company. This may refer to an invention, design, or brand name — some of the most significant elements of a business’ identity.
However, it is their very nature itself that makes it difficult for any single inventor or company to protect them.
Where do you begin when it comes to safeguarding something that is not or not yet tangible? Let us start with identifying the three most prominent legal methods of protecting intellectual property — copyright, trademark, and patents.
From an eagle’s eye view, differentiating the three still does not come easily despite knowing their specific definitions. To further elaborate, here is a list of things you need to keep in mind, especially when applying for your own intellectual property:
1. Copyright stories. Trademark phrases.
If you are establishing a publishing company, you cannot trademark an entire novel, nor can you copyright your tagline. This is because trademarks, in regard to words, are dedicated to shorter phrases since they can be easily remembered and associated with a brand.
Mcdonald’s “I'm lovin' it” and Nike’s “Just Do It” are some examples of trademarked taglines. Meanwhile, a novel is subjected to copyright laws since it is a large body of original artistic work. Once granted, copyrighted written material is prevented from distribution or monetization without the owner’s or company’s consent.
Copyright cannot protect names, titles, slogans, or short phrases, which is why taglines are not subject to copyright.
Novels, on the other hand, are products. Even after reaching meteoric success, a company cannot utilize them as a distinguishable symbol. And since, as is previously established, trademarks are solely for items that help distinguish your company’s brand, they do not apply to novels or other large literary and artistic works.
2. Trademark something known. Patent something new.
The running rule for trademarks is that it is dedicated to an item that helps identify your company as a brand. Some of these examples include Pantone 219, also known as Barbie Pink, or Pantone 1387, which is Tiffany Blue.
Once you see these colors, you know instantly what brand it is, even without looking at their tagline or name. This can also work for brand designs like Coca-cola’s signature typeface, which they use for all their products.
Now, you might be wondering, “Aren’t designs subjected to patents?”
Yes, they are. But there are certain exceptions.
Even though the typeface consistently used by Coca-cola was originally designed by their own in-house design team, it cannot be subjected to patents as these are reserved for new designs that provide technical solutions.
Thomas Edison’s original light bulb design was patented in 1879. With the light bulb, the use of candles, which have proven to be occasionally hazardous, has significantly reduced and has become a staple in modern living today.
Apple Inc. patented the design for their iPhones in 2007, including the rectangular shape with rounded corners. Upon the introduction of this mobile device, there has been an unexpected but appreciated rise in smartphone usage. Things have never been the same since.
The designs that companies trademark are what make their brand known. The designs they patent, meanwhile, are newly created products that come as a response to the ever-changing needs of our society.
3. Patent inventions. Copyright offsprings.
George Eastman, the inventor of the first successful roll-film hand camera known as the Kodak, received a patent (number 388,850) for the camera’s shutter. Not only was the design new, but it also heralded an era where we are capable of preserving a single moment forever.
However, it is important to note that you cannot patent photos even when they are brand new. You cannot even patent an original layout design of photos. What you can do instead is copyright them because they are examples of original artistic work. The same goes for a 3D printer in which the inventor can patent their design. However, the products (i.e., sculptures) a creator makes through the printer are copyrighted.
4. Patent Something that CAN be Tangible. Trademark Something that CANNOT be Tangible.
Although the items that can be copyrighted and patented are intellectual in nature, they can eventually become tangible materials. An idea for a painting can be translated into a canvas. The written report on the chemical composition of a COVID-19 vaccine was eventually made into a physical item that can be administered to citizens worldwide.
Your intellectual property today can become a physical asset tomorrow. These are the things you must protect with a copyright or patent. The same cannot be said with trademarked items.
Colors, taglines, and even designs are not tangible. Once they become one, they become products. You cannot trademark a product. You can trademark the name, signature shade, and logo design, but you cannot trademark the physical item itself.
Whether you are handling a large corporation or a small to medium-sized enterprise, safeguarding your intellectual property is an essential aspect of business rearing that you must keep in mind from the start. To know more about the process of applying for the three licenses detailed in this article, we implore you to read the following articles:
For other legal services, check out Digest.ph for upfront pricing and scopes of work!
References:
[1] https://www.nytimes.com/article/copyrights-trademarks-patents.html
[2] https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
[3] https://legal-translations.com.au/difference-copyright-patent-trademark/
[4] https://www.ipophil.gov.ph/news/trademarks-patents-two-sides-of-the-same-coin/