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Hi there and welcome to the Trademark Information
Network's Basic Facts Breakdown.

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I'm Mark Trademan.

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In this segment, we're going to discuss, in
very general terms, three different types

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of intellectual property rights: trademarks,
patents, and copyrights.

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Each one typically protects a different aspect
of something your business may do, so it's

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important that you understand how they differ.

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Especially if you want to secure federal protection
for your intellectual property assets.

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We'll also discuss domain names and business
names and how they differ from trademarks.

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By the end, you'll know exactly what to say
when you overhear someone say they want to

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"patent that trademark on their copyright"
or "copyright that patent on their trademark."

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Ready?

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Let's get started...

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The first thing we need to do is define what
a trademark actually is.

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A trademark is generally a word, phrase, slogan,
symbol, or design, or combination thereof,

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that identifies the source of your goods and
services and distinguishes them from the goods

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and services of another party.

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That is, a trademark lets consumers know that
the goods or services come only from you and

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not from someone else.

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Essentially, think about it this way: a trademark
is a brand.

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It distinguishes your goods and services from
those of your competitors.

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It helps consumers decide what to buy when
choosing between similar or related products.

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Say, for example, that T.MARKEY brand shoes
are known for their quality workmanship at

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a reasonable price.

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When presented with similar shoes at comparable
prices, consumers may choose T.MARKEY brand

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shoes because they know it's a brand they
can trust.

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And that's a trademark in action.

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The combination of words and a design identifies
the source of a pair of shoes and distinguishes

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them from the shoes of another manufacturer.

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People often ask if there's a difference between
a trademark and a service mark.

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There is: a trademark identifies the source
of goods (like, shoes or laptops) and a service

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mark identifies the source of services (like,
landscaping or accounting).

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Although "trademarks" are legally different
from "service marks", it's OK to informally

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refer to a service mark as a trademark.

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Throughout this video, we'll use the terms
"trademark" and "mark" to refer to both trademarks

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and service marks.

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So, now that we know what a trademark is,
how is it different from a patent?

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Or a copyright?

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It generally breaks down this way:

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A trademark is a brand used on goods and services.

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A patent typically protects inventions, like
new engines and solar panels.

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A copyright typically protects original artistic
and literary works, like songs and movies

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and books.

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Although trademarks, patents, and copyrights
can all be used together, the protections

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they provide are not the same.

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For example, if you invent a new type of vacuum
cleaner, you might apply for a patent to protect

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the invention itself.

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You could apply to register a trademark to
protect the brand name of the vacuum cleaner.

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And you might register a copyright for the
TV commercial you use to market the product.

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Those are three different types of protection
for three separate types of intellectual property:

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brands, inventions, and artistic works.

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They're all equally important and protect
different parts of your intellectual property

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portfolio.

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Now, what about domain names and business
names?

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How do those differ from trademarks?

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That's a great question, as people often confuse
them.

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Let's clear up the differences right now,
starting with domain names.

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As we discussed earlier, a trademark is typically
a brand or slogan or design that identifies

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the source of goods and services.

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A domain name is the web address that identifies
a website.

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USPTO.GOV, for example, is the domain name
for the USPTO's website.

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Registering a trademark is different than
registering a domain name.

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Trademarks are federally registered through
the USPTO; domain names are registered through

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a domain name registrar.

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They are not the same thing.

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One identifies the source of goods and services;
the other is a web address.

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Registration of a domain name with a domain
name registrar does not give you trademark

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rights.

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In fact, if you register a domain name with
a domain name registrar that includes the

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trademark of another party, you may have to
surrender that domain name.

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"But hang on," you might be thinking.

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"What about all those companies with .COM
in their names?

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Aren't those both trademarks and domain names?"

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You're correct; sometimes they are.

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A domain name can also function as a trademark,
so long as the domain name is used in such

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a way that it also identifies the source of
particular goods and services.

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Let's use TMARKEY.COM as an example.

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First, we know it functions as a domain name
or web address.

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And second, let's say TMARKEY.COM is also
an online retailer of shoes.

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If TMARKEY.COM is used as a brand for retail
store services, that could be considered trademark

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use.

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See the difference?

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The first use is as a web address, the second
use is as a trademark.

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There is also a difference between a business
name and a trademark.

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A business name is just that: it is simply
the name under which you do business in a

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particular state or jurisdiction.

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However, a business name registration with
your state does not grant you trademark rights;

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it merely means that a particular state allows
you to do business under that name.

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Can a business name also be a trademark?

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Sure!

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Much like a domain name, it all depends on
how you use it.

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So, if you use your business name to identify
the source of your goods and services and

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distinguish them from the goods and services
of another party, that's trademark use.

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To enjoy the nationwide rights offered by
a federal trademark registration, you must

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file a trademark application and receive a
registration from the USPTO.

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Individual states also offer to register trademarks,
but any protection granted is limited to that

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state.

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To avoid confusion, make sure you have this
straight: Trademarks are brands, Patents protect

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inventions, Copyrights protect original artistic
works, Domain names are web addresses, and

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Business names are entity names under which
you do business.

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They may be related, and sometimes overlap,
but they are all different legal concepts.

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And all handled by different organizations.

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Patents and federal trademarks, for example,
are handled by the United States Patent and

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Trademark Office.

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Copyrights are handled by the U.S. Copyright
Office, part of the Library of Congress.

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Domain names are handled by private companies
who are domain name registrars.

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And business names are handled by local Secretaries
of State.

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For more information about patents, check
out the Patents section of the USPTO.GOV website.

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For copyrights, go to www.copyright.gov.

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For domain name information, go to www.internic.net.

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For business name information, check out the
Secretary of State website for the state or

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jurisdiction in which you live or work.

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And, of course, for more information about
trademarks, feel free to explore the Trademarks

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section of USPTO.GOV.

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There are Trademark Basics, FAQs, plus ways
to search Office records, apply for registration,

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and check the status of your application.

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And, you have access to the complete series
of Trademark Information Network broadcasts,

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where we break down the application process,
one step at a time.

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Thanks for watching this Basic Facts Breakdown
and we hope you learned how the various types

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of intellectual property all differ.

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So, the next time someone says they want to
"patent that trademark on their copyright"

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or "copyright that patent on their trademark,"
you know what to tell them.

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And you know where to send them for more information:
to the Trademark Information Network's Basic

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Facts Breakdown.

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See you next time.

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I'm Mark Trademan, Trademark Information Network.