Copy Right Vs Trademark

Intimici

New member
Apr 4, 2006
14
0
Hi everyone,

I have choosen a name and logo for the coffee shop, however im quite confused between the two terms Copy right and Trade mark. I understand that copyright is to copy right an original piece of creation or publication. Am i right to say that trademark is to protect your name and logo, and that if i wanted to protect the name/logo that ive chosen bearing in mind that no one else has already gotten them then i were to "trademark" it? I have been onto the UK Patent.Gov site and.... its not the easiest site to understand :roll:

I spoke to a guy who has been in the coffee business and is currently a coffee consultant for at least 20 years yet he didnt know! :shock:

So i need a little guidance in trademarking my name and logo, on the site it mentions about applying for the right class or classes... can anyone enlighten me with some advice please?

Thank you for reading guys! :grin:

Love

TT.xxx
 

demetri

New member
Jul 18, 2006
175
0
Winnipeg, MB
Local lawyer is the way to go but North American and UK laws tend to be somewhat similar since they're based on British tort law.

When it comes to trade mark vs. copy right I think you can look at it like this. If you write a novel you should be able to trademark the name (though unusual) and copy right the book. I think in this instance it would really only apply to a series of books like "Dummies guide to ..."

The trade mark would be what your company trades or operates under and you don't want confusion between you and your competitors so you reserve the "mark". This way no one else can ride on your coattails by picking a name that's almost the same as your trade mark.
 

imonlyfamous

New member
Dec 2, 2006
15
0
In the US, you'd have an implied trademark on your name and logo. The difference between TM and (R) here is basically a fee to register the date that you came up with and trademarked the name/logo in case of a dispute. Here at least, you wouldn't need to do anything to get the trademark protection.
 
OP
I

Intimici

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Apr 4, 2006
14
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  • #5
demetri said:
Local lawyer is the way to go but North American and UK laws tend to be somewhat similar since they're based on British tort law.

When it comes to trade mark vs. copy right I think you can look at it like this. If you write a novel you should be able to trademark the name (though unusual) and copy right the book. I think in this instance it would really only apply to a series of books like "Dummies guide to ..."

The trade mark would be what your company trades or operates under and you don't want confusion between you and your competitors so you reserve the "mark". This way no one else can ride on your coattails by picking a name that's almost the same as your trade mark.

Hi Demetri,

Thank you ever so much for clarifying what trade mark and copyright is, i had a feeling it was something along those lines but needed more confirmation :grin:
 
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Intimici

New member
Apr 4, 2006
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  • Thread Starter
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imonlyfamous said:
In the US, you'd have an implied trademark on your name and logo. The difference between TM and (R) here is basically a fee to register the date that you came up with and trademarked the name/logo in case of a dispute. Here at least, you wouldn't need to do anything to get the trademark protection.

Hey Imonlyfamous

Thanks for your advise, making a note of all whats been said =)
 

equus007

New member
Apr 4, 2006
315
0
Austin, Tx
long and short

You copywrite a product and TM your name though at least in Texas you don't need to trade mark company names until you go national but if you really like your logo it doesnt cost all that much. Its kinda like car insurance...don't really need it unless...
 

Coffee Guy

New member
Oct 19, 2003
874
0
Seattle,Washington USA
Hey Intimici:

Copy Rights protect the original author from someone else reproducing their original (printed) works and claimming it for themselves or reprinting without permission. Trade Marks protect a business or service mark (in most cases logos) from being used or reproduced without permission. However, if you really want to know from an expert point of view then locate a Trade Mark Attorney. They specialize in these matters, whereas, some attorneies do not... 8)
 

imonlyfamous

New member
Dec 2, 2006
15
0
Coffee Guy said:
Hey Intimici:

Copy Rights protect the original author from someone else reproducing their original (printed) works and claimming it for themselves or reprinting without permission. Trade Marks protect a business or service mark (in most cases logos) from being used or reproduced without permission. However, if you really want to know from an expert point of view then locate a Trade Mark Attorney. They specialize in these matters, whereas, some attorneies do not... 8)

Actually, service marks are rare and denoted as (SM) instead of (TM).
 
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