WHAT IS A TRADEMARK? SIERRA CREST B U S I N E S S L A W G R O U P
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Have you ever ordered a Coke at a restaurant only to have the waitress ask if you would like a Pepsi instead, then sit there wondering why she asked since either is fine with you? Hint: it’s not because she thinks you only like one or the other. The reason is simple, Coke and Pepsi have her ask to protect their trademarks from becoming generic. If a trademark becomes generic it loses most of its value, and if your trademark is worth as much a Coke’s, you want to keep it protected. Trademarks protect your company’s brand by giving you the exclusive right to use the trademark. Exclusivity means consumers can trust that anything using your trademark came from, or is approved by, you and meets your company’s requirements. Rights in your trademark begin the first time you use it, but federally registering it affords you significantly greater protection that covers the entire country, whereas failure to register can allow someone else to use your trademark in parts of the country where you lack a presence. Prior to designing or using your trademark, it may be worth considering a trademark search to see if someone else is using your trademark. Failure to do so could mean infringing someone else’s trademark, which may require you to rebrand or pay to use the trademark.
Whether you are just starting out or are an established company, a trademark is a great way to protect your brand.
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WHAT IS A COPYRIGHT?
Have you ever seen a notification right before a sport’s broadcast telling the viewer not to reproduce the program? The purpose isn’t to bore you, rather, the broadcaster is protecting their show using copyrights. Copyrights protect the expression of an idea that is fixed in a tangible medium. From photos, to paintings, to music, copyrights protect just about every unique and original expression of creativity. They touch every product we own from the design of the phones in our pockets to the apps we use on them. As soon as an expressive work is created, the designer has copyrights to that work. Federally registering an expressive work greatly expands the protections given to its creator and is relatively inexpensive.
Whether you are an individual or a company, a copyright is a great way to protect your creative works.
FOR MORE INFORMATION ABOUT TRADEMARKS AND COPYRIGHTS, PLEASE GIVE US A CALL AT (775) 448-6070
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