Introduction to Trademarks
Trademarks are any names, logos, sounds, shapes, colors and even smells that distinguish the source of goods or services of one party from those of another. Any business that uses a name, in advertising or on its web page to attract potential customers has entered the realm of trademark law.
The value of a trademark depends on the reputation and goodwill that has been established by the business.
Although trademarks, copyrights and patents all fall under the umbrella term of Intellectual Property, these areas of law are very different from one other. A copyright generally protects an original artistic or literary work, while a patent protects an invention. One cannot trademark an invention or patent a novel. However, there may be overlaps such that one may need more than one of these registrations in order to obtain the strongest protection for a certain asset.
For example, a computer software program may be copyrighted in addition to being patented, while the product name it is sold under can be trademarked.
>> Establishing Trademark Rights
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