Trademarks and Copyright

Copyrights are granted by the U.S. Copyright Office. A copyright protects the creator of an artistic, imaginative or scholarly work.  Generally the copyright holder is the only person who may display, distribute, perform, publish or print the work.  In order to be eligible for a copyright the work must meet certain requirements.  The work has to be an original.  The work must be “fixed in a tangible medium of expression” meaning that the work can be found in a film, a recording, a book or computer software.  The copyright, once granted, will only last for the life of the creator and seventy years after his or her death. 

Trademarks protect companies from others copying their names or using their mottos.  Trademarks are granted by the U.S. Patent and Trademark Office.  Trademarks protect both the consumer and the company.  Consumers will not be fooled by impersonating companies.  Companies will be able to establish a reputation for a particular brand that consumers will rely on.  The main requirement for establishing a trademark is that no other sufficiently similar or exact trademark has already been established.  It is possible that the name of a company or motto could be copyrighted if the U.S. Copyright Office is satisfied they are sufficiently creative and imaginative.