What is a Trademark?
A
trademark is a unique symbol, word, or phrase that identifies and distinguishes the products or services of one business from those of others. It serves as a brand identity, helping customers differentiate your offerings from competitors.
Why is Trademark Registration Important?
Trademark registration provides legal protection against unauthorized use of your mark. It helps in building brand value and trust, as registered trademarks are recognized by customers as a mark of authenticity and quality. Additionally, it offers legal recourse against infringement and can be a crucial asset in business valuation.
What is Copyright?
Copyright is a legal protection granted to the creators of original works, including literary, artistic, musical, and certain other intellectual works. It gives the creator exclusive rights to reproduce, distribute, and display their work.
Why is Copyright Registration Important?
Registering for copyright secures your exclusive rights to your creation. It allows you to seek legal remedy in case of infringement, ensuring that you can control how your work is used and monetized. This is especially crucial for entrepreneurs who create original content as part of their business.
Conduct a trademark search to ensure your mark is unique.
Prepare and submit a trademark application with the relevant authorities.
Respond to any office actions or oppositions during the examination process.
Once approved, your trademark will be published in an official gazette and subsequently registered.
Ensure your work is original and fixed in a tangible form.
Fill out the appropriate copyright application form.
Submit the form along with the required fee and a copy of your work to the copyright office.
Upon approval, you will receive a certificate of registration.
Costs Associated with Trademark and Copyright Registration
The costs of
trademark registration and
copyright registration can vary. Trademark fees depend on the number of classes of goods/services and jurisdiction, while copyright fees often depend on the type of work being registered. It's important to budget for these expenses as part of your
business plan.
Duration of Protection
Trademark registration typically lasts for ten years and can be renewed indefinitely as long as the mark is in use. Copyright protection usually lasts for the lifetime of the author plus an additional 70 years, varying by jurisdiction.Common Mistakes to Avoid
Some common mistakes include not conducting a thorough search before filing, misunderstanding the difference between trademarks and copyrights, and failing to renew registrations. Entrepreneurs should also avoid using generic or descriptive marks for trademarks, as these are harder to protect.