Trademark, Copyright and Patent

Intellectual property rights are hugely important for businesses, especially those operating in e-commerce. A company's ability to continue its sales legally hinges on securing and maintaining its intellectual property rights.

In the US, three main types of intellectual property rights have been defined: trademarks, copyrights, and patents.

TRADEMARKS

A trademark is a 'symbol' that facilitates communication between a service-providing or product-selling company and its customers. This symbol could be a logo, a word, or even a piece of music. In fact, we see trademarks belonging to various companies all around us every day. For instance, when a consumer sees a bitten apple logo on a phone, they immediately think of Apple Incorporation. Or when they see three stripes on a piece of clothing, Adidas comes to mind, or the sound at the start of a Netflix series makes them think of Netflix, even if they don't see the word Netflix.

A brand can be protected without federal registration, but owning a federally registered trademark comes with a host of benefits.

Benefits of Having Federally Registered Trademark

As the trademark owner, you're presumed to be the rightful owner of the mark. Those who use your mark after you can technically be considered bad-faith infringers, which could lead to them facing statutory damages in court, potentially up to $150,000 per infringement. You can also make the infringer pay for your attorney fees and court costs during court proceedings.

Secondly, it prevents other traders from using your mark in the same or related sectors. For example, if you own a clothing brand and someone wants to start a brand in customized garments, the similarity between these sectors could likely lead to the rejection of the trademark application due to the closeness of the sectors.

You can use platforms like Amazon and Etsy to block sellers infringing on your brand rights through complaints.

Another benefit is restricting the import of counterfeit goods through customs.

It allows the use of the R symbol;

Finally, it increases your company's value since trademark registration can make your business more appealing for sale. With a federally registered mark, the buyer can conduct business more securely.

Improper Use of Trademark Registrations

Let`s touch on a current issue with improper use of trademarks. Sometimes, common phrases printed on T-shirts are registered as trademarks. However, the applicant might intend to use the mark only as a design on T-shirts. Remember, trademarks are supposed to facilitate communication between the producer and the consumer, essentially showing the product's source. Such registrations aim to prevent others from using a commonly used word on T-shirts. If a seller uses a phrase in their T-shirt design that's subject to a so-called trademark application, the holder of the so-called trademark can file a complaint with Etsy or Amazon to shut down the listing. Using this type of application to block online sales can expose the so-called trademark holders to legal and criminal penalties.

If you have an original design related to that phrase or a phrase that could actually be copyrighted, you could file for copyright to protect your design and shut down imitators through court.

Definition of Copyright

Speaking of copyright, let's dive into its definition. Copyright in American law refers to the legal rights a creator has over their work. It protects the original ideas expressed in the work, which could be a painting, photo, play, movie script, or designs printed on T-shirts. A work is naturally copyrighted upon creation. However, registering with the Copyright Office can offer advantages in potential legal battles. Holding a federal copyright provides security against infringers on online platforms.

Ideally, you should register your work federally before initiating court action.

Patent

Patent protects the rights related to an invention or design. This could be a machine, an app, a technological device, a chemical compound, or a new design. An invention must meet certain criteria to be patentable, such as novelty, utility, and being a significant advancement in its field. Patents are divided into utility patents and design patents. You should consult with your lawyer to decide which patent registration type suits your needs. There are gadgets around us carrying hundreds of patents; a smartphone today might contain around 250,000 patents. Remember, for federal patent application, the product should not have been on the market for more than a year. If you have a product you wish to patent, it's advisable to secure the patent before launching it on the market.

Unlike trademarks and copyrights, you cannot obtain a court decision against infringements in the US without federally registering your patent.

If you’d like to register your trademark, contact Merit Law LLP. Our experienced intellectual property attorneys are here to guide you through every step of the process. Feel free to call us, or email us at info@meritllp.com. We look forward to helping you protect your intellectual property rights!