Trademark v.s Copyright
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Hi guys, can someone enlighten me.
Since all works all automatically copyrighted, if it's used as a logo, can it not be trademarked since it's already protected under copyrights -
A trademark is a word, name, or symbol used in trade to indicate the source of the goods and to distinguish them from the goods of others. The brands of some goods can be used as trademarks. Trademark rights can prevent others from using a ambiguously similar mark, but cannot prohibit others from making the same goods or from selling the same goods or services under a clearly different mark.
Copyright is protection provided to the authors of original works in literature, drama, music, art, and other intellectual fields, both published and unpublished. The Copyright Act generally gives the copyright owner the exclusive right to reproduce the copyrighted work, to distribute copies of the copyrighted work, to perform or to display the copyrighted work publicly.
Copyright protection prevents others from using that logo, but trademark protection prevents others from using the name in the logo to sell products similar to yours. -
See above.
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Hi Tuatau, thanks so much for that comprehensive reply, give me a much clearer view.Originally posted by Tuatau:A trademark is a word, name, or symbol used in trade to indicate the source of the goods and to distinguish them from the goods of others. The brands of some goods can be used as trademarks. Trademark rights can prevent others from using a ambiguously similar mark, but cannot prohibit others from making the same goods or from selling the same goods or services under a clearly different mark.
Copyright is protection provided to the authors of original works in literature, drama, music, art, and other intellectual fields, both published and unpublished. The Copyright Act generally gives the copyright owner the exclusive right to reproduce the copyrighted work, to distribute copies of the copyrighted work, to perform or to display the copyrighted work publicly.
Copyright protection prevents others from using that logo, but trademark protection prevents others from using the name in the logo to sell products similar to yours.
However, in that case. If someone was to use my symbol that is no trademarked, technically I can still take legal action because it's protected under my copyright right?
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If you din't register your trade mark, you can still take legal action under the common law of 'passing off', meaning someone else was trying to 'pass off' as your company and confuse the consumers.Originally posted by Uncle_MooMoo:However, in that case. If someone was to use my symbol that is no trademarked, technically I can still take legal action because it's protected under my copyright right? -
Originally posted by Uncle_MooMoo:
As long as you could prove that you are the original author of the symbol and that it has been used publicly without your permission, you could take legal action against the offending party.
However, in that case. If someone was to use my symbol that is no trademarked, technically I can still take legal action because it's protected under my copyright right?
Have you considered contacting them to give a warning first? -
these issue can b tricky - u dun see materials (some used by comp /zheng hu) are not the orginal ?(like u have seen them b4)
so as long no one notice/ hooha..there's no war -
easi lah. juz include this thing can le.
™ and © and ® can liao -
Hi all, thanks again for your kind response.
In that case, if simply proving my copyright will allow legal action, why do people take the trouble and money to register a trademark, what's the difference?
Anyway I'm not suing anyone, I'm just trying to determine why registering a trademark is worth the money and trouble.
Jay: TM and R symbol cannot anyhow use according to the IPOS site. -
Because their intellectual property is protected in such a way, that anyone who does come up with thier own that has almost close similarities to an existing trademark, might not be able to gain a successful trademark and have to resubmit for approval again. It also means that anyone who wishes to use your trademark have to pay you a royalty fee for using it. And any profits gain from it, a share will be yours according to any agreements made with them.Originally posted by Uncle_MooMoo:Hi all, thanks again for your kind response.
In that case, if simply proving my copyright will allow legal action, why do people take the trouble and money to register a trademark, what's the difference?
Anyway I'm not suing anyone, I'm just trying to determine why registering a trademark is worth the money and trouble.
Jay: TM and R symbol cannot anyhow use according to the IPOS site.
So in a way, it cuts down on legal tussles should conflict arise. -
Hi ditzy, thanks for the help.Originally posted by ditzy:Because their intellectual property is protected in such a way, that anyone who does come up with thier own that has almost close similarities to an existing trademark, might not be able to gain a successful trademark and have to resubmit for approval again. It also means that anyone who wishes to use your trademark have to pay you a royalty fee for using it. And any profits gain from it, a share will be yours according to any agreements made with them.
So in a way, it cuts down on legal tussles should conflict arise.
In other words the only difference is that I can take action against 'similar' ones too?
Because for copyrights, the logo can't even be used by others much talk about royalties -
You cannot take legal action, unless they do something with it in which they profit, and you make a loss because they did not give you credit when they are supposed to.Originally posted by Uncle_MooMoo:Hi ditzy, thanks for the help.
In other words the only difference is that I can take action against 'similar' ones too?
Because for copyrights, the logo can't even be used by others much talk about royalties -
Hmm, now I'm super confused.
From what I read and what you told me the last time, all works are copyrighted to the creator/author and unauthorized usage can be sued.
So since a logo is a design, it is automatically copyrighted and legal action can be taken if someone else uses it right?
So why trademark the logo, when you can already take legal action with it's copyright?
Help is much appreciated, thanks. -
Copyright to you an automatic thing. Its only if you're not happy with someone else that has something similar and you believe has plagiarised from you one way or another, get a legal tussle.Originally posted by Uncle_MooMoo:Hmm, now I'm super confused.
From what I read and what you told me the last time, all works are copyrighted to the creator/author and unauthorized usage can be sued.
So since a logo is a design, it is automatically copyrighted and legal action can be taken if someone else uses it right?
So why trademark the logo, when you can already take legal action with it's copyright?
Help is much appreciated, thanks.
You can also get into a legal tussle if you feel that the other party has used your copyrighted works and made profit from it without crediting you.
Trademark like the 2nd reply within this thread has indicated, serves more as a recognition should it become popular.