A trademark protects you by law if someone steals your logo or otherwise infringes upon your idea. However, using an unregistered trademark is still effective. By using the trademark (TM) logo, you can still protect yourself. Any company using a similar logo has to have the burden of proof. As a general rule, an unregistered trademark is effective in a small geographic setting. National companies must register to gain legal protection throughout the country.
Trademark vs. Copyright vs. Patent
Here's the difference between a trademark, copyright, and patent:
- Trademark: Protects the symbols or words that show the source of goods and services
- Copyright: Protects artistic works such as books, songs, and lyrics
- Patent: Protects inventions or alterations to inventions
The main difference of a trademark is that it doesn't have a life span. Trademarks don't have to be renewed or run out of time like a copyright or patent. As long as the trademark person keeps using the symbol, it's trademarked by law.
Legislators also have trade dress in place. This clause states that businesses cannot package goods or services to indicate that the product is from a third-party provider. Coca-Cola bottles and distinctive wrapping or decor fall under this protection. However, this must be non-functional and original to receive protection of the law under the trade dress.
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