ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel
  • »
  • Books, Literature, and Writing

Trademark, Patent, and Copyright: Understanding the differences

Updated on March 10, 2012

Usually when one hears the words trademark, patent, or copyright they usually think they are the pretty much the same thing. But, there are definite differences between these three words that are used so interchangeably.


Patents

Patents according to Shamoo and Resnik, “give exclusive rights to prevent anyone else from using, making, or commercializing their inventions without their permission (Shamoo and Resnik 125).” This protects things such as ideas or other inventions someone makes. However, some places of employment such as universities or corporations can claim your work as their own.


Source

Trademark

A trademark according to the United States Patent and Trademark Office is, “a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.” This protects things like the slanted Purdue “P” symbol and slogans like Nikes’ “Just Do It.” This stops others from making a profit off other people’s or companies insignias.


Copyright

Finally, there is copyright which is usually considered the biggest of the three. A copyright is rights that are handed down by the United States government in order to allow an author or creator to use their original works in anyway they want. What this means is that an author of a book for example can copy and sell their book in order to make a profit from it. This goes along the same lines as a painter displaying his work at an art show in order to get recognition. So basically this is put in place in order to protect a person such as an author from getting their creations or developments stolen by someone else. The whole basis for this is money because someone can use your work in order to make a profit which leaves the original developer without monetary justification for their works. However, there is such a thing called the Fair Use Clause which does allow for some flexibility. This clause allows the usage of such materials such as articles or diagrams, but only in terms of educational purposes. This allows for people such as professors to hand out handouts written by others in order to better educate his students. Typically if disputes arise, they are usually handled in civil suits due to so many changing laws and technicalities. People are always finding or trying to find loopholes in order to make some kind of profit off other people’s creations. Currently, sharing music files has come under fire because of its violation of copyright laws. As of recently, the music companies have started suing individuals and are trying to shut down all music sharing programs. This is easier said then done because their in no federal mandate which can stop it currently. This along with 50 million people who are violating these copyright laws will prove it to be a difficult battle for the music industry. So as we have seen, there are definite differences between trademark, patents, and copyrights. However, these violations usually end in the same place, a civil court room.

Comments

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: "https://hubpages.com/privacy-policy#gdpr"

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)