Copyrights generally protect original creative works, such as books, movies, songs, paintings, photographs, web content, and choreography. Trademarks, on the other hand, generally protect brand names, slogans, and logos that are used in the marketplace, and help consumers distinguish among products.

What works are eligible for copyright protection?

Copyright protects "original works of authorship" that are fixed in a tangible form. Broadly, this includes literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, motion pictures and other audiovisual works, sound recordings and architectural works.

What are the benefits of a registered trademark?

Some trademark rights are established simply by using the mark. However, these rights are limited and generally apply only to a limited geographical area. Registering for a federal trademark greatly expands your rights, and allows you to bring a federal suit against others who may be infringing on your trademark.

What's the difference between a design patent and a utility patent?

A design patent protects the unique appearance of a manufactured item–how it looks–and a utility patent protects an item's function–how it works. A utility patent may also be granted to protect a unique process or chemical compound. Some inventions may qualify for both design and utility patent protection, if both the design and the function are unique, and the design does not affect the article's function.

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Helpful Information

Definition of a copyright

A copyright is a form of protection that prevents others from copying, performing or otherwise using an original work of authorship without the copyright holder's consent. Read full article

Searching for conflicting trademarks

It's highly advisable to search for conflicting trademarks before submitting a trademark application, because existing trademarks that conflict with yours may result in your application being denied. Read full article

Introduction to trademarks

Trademarks are important business tools because they allow companies to establish a brand for their goods and services without having to worry about other companies diminishing their reputation or profit by deceiving consumers. Read full article

What can be patented?

Under U.S. patent law, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent." Read full article

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Intellectual Property Protection – Register a Trademark or Copyright, Apply for a Patent

Protecting your intellectual property is important because it prevents others from capitalizing on your creativity and hard work. LegalZoom can help you with a wide variety of IP services to protect your idea, invention, or original work of art. The three main types of intellectual property protection are trademarks, copyrights, and patents. If you are a business owner who is interested in protecting your business name or logo, you may want to apply for trademark registration. Before spending time and money applying to register a trademark, a comprehensive trademark search is recommended to determine its availability. A comprehensive trademark search looks for any trademarks that may be similar to yours, including those with different spellings. Protection of your books, songs, photographs or other original works of authorship will be enhanced if you register a copyright. Copyright registration helps you establish a public record of the copyright claim and allows you to enforce your copyright in federal court. If you want to patent an idea, you'll need to start by turning your idea into an actual invention. You may then want to file a provisional application for patent to establish your priority filing date with the U.S. Patent and Trademark Office (USPTO) which allows you to immediately start labeling your invention "patent pending". LegalZoom can help make the process of applying for a utility patent or design patent easy and affordable. Start protecting your intellectual property by registering a trademark or copyright, filing a patent, or by submitting a provisional patent application online through LegalZoom.

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