• Facebook
  • LinkedIn
  • Twitter
  • Instagram
  • Mail
Farrow-Gillespie Heath Witter LLP | Dallas, TX
  • Home
  • About the Firm
  • Attorneys
    • See All Attorneys
    • Christopher Elam
    • Chris Wilmoth
    • Christian S. Kelso
    • Deborah J. Schmidt
    • Debra L. Witter
    • Ellen Daniel Williamson
    • Henry Wehrmann
    • Jennifer Lewis
    • Jessica Dunne
    • Julie E. Heath
    • Liza Farrow-Gillespie
    • Mary L. O’Connor
    • Megan E. Legband
    • Paula L. Beasley
    • Peter M. Gould
    • Scott Chase
    • Spencer Turner
  • Practice Areas
    • Adoption
    • Advertising, Marketing, and Promotions
    • Civil Litigation and Arbitration
    • Commercial Real Estate Law
    • Corporate Law
    • Employment Law
    • Estate Planning
    • Health Law
    • Internal Investigations
    • Nonprofit Organizations
    • Probate Law
    • Trademark Law
  • Articles
  • News
  • Contact
  • Client Payments
  • Search
  • Menu Menu

Well, Actually, Everyone Has Questions About IP: The Difference Between Trademarks, Copyrights, and Patents

August 28, 2020/in Corporate Law/by Lesly Evans

Nobody likes a ‘well, actually.’ Obviously, I don’t interrupt strangers when they’re having a nice time, but I sure would like to. I once overheard a man at a cocktail party say, “I really should trademark my songs.” Well, actually, you need to copyright those. I also overheard someone else comment on how much she liked a certain logo. “I’d love to patent something like that.” Well, actually, you’d trademark that.

But even my inner monologue must give credit where it’s due: patents, copyrights, and trademarks all fall under the umbrella of intellectual property. What’s the difference?  Well, actually…

Trademarks:

Trademarks are words, symbols, or a combination of the two that signify the source of goods and services. You can also trademark sounds and scents. In ancient days, a craftsman would sign the product he produced. As technology and commerce advanced, those signatures became more sophisticated and evolved into trademarks. Take the MGM lion, for example, or the Nike swoosh. They indicate who made the product.  The public relies on the trademark the same way consumers used to rely on a craftsman’s signature. United States trademark registrations are generally renewed every ten years.  Trademark owners have the exclusive right to use their marks in commerce for the goods and services named in their trademark registrations. 

Copyrights:

Copyrights protect the content of artistic works like songs, novels, poems, television shows, and movies. Copyright owners also have the exclusive right to use, and permit others to use, the copyrighted material. Distribution of copyrighted material without specific permission from the copyright owner can sometimes result in takedown notices, demand letters, and even lawsuits involving substantial sums of money. Further, incorporation of copyrighted material in your own content may have similar undesirable results.

Patents:

Patents protect inventions, like new products or new technical processes. Inventors in myriad industries may patent their inventions for commercial use, from pharmaceuticals to software to shoes.  They protect the patent owner’s exclusive right to use the invention in commerce. The patent owner decides who, if anyone, may use the invention for the protected period of time. Some owners guard their patents closely, and some release their patents for others to use for a price or for free. Patents usually last for 20 years before the invention becomes part of public domain.

Well, Actually…

Think of it this way, Apple patents new cell phone technology. It trademarks the name and logo for the new technology. And if Apple wants to use a song for the commercial, they’ll get permission from the band who holds the copyright to the song.

If you are interested in filing a trademark application, or wish to enforce your trademark rights, we can help you. If you have questions about how to copyright your original works, or how to use copyrighted materials, we can help you with that too. If you have questions regarding patents, unfortunately, that is the one thing we cannot directly assist you with, although we are happy to provide you with a referral to an appropriate patent attorney.

To determine if you need a patent, trademark, or copyright, contact us at [email protected], or by calling us at 214-361-5600.


Lesly C. Evans joined Farrow-Gillespie Heath Witter in 2014. The following year, she began her education in Paralegal Studies at El Centro College in Dallas. Upon graduation from El Centro, Lesly passed NALA’s nationally recognized Certified Paralegal exam. Ms. Evans received an advanced certification from NALA in e-discovery in 2019. She has extensive experience in contract database management and assists with contract preparation. She also focuses on trademark prosecution and maintenance, and Title IX litigation. 

https://fghwlaw.com/wp-content/uploads/2020/08/Lesly_IP_2-scaled.jpg 2560 2388 Lesly Evans https://fghwlaw.com/wp-content/uploads/2021/11/Website_Logo-Header-whitespace.png Lesly Evans2020-08-28 10:42:122021-11-10 22:12:18Well, Actually, Everyone Has Questions About IP: The Difference Between Trademarks, Copyrights, and Patents
You might also like
Investment | Farrow-Gillespie & Heath Uncertainty Continues Around “Fiduciary Rule” Protections for Retirement Investors
The IRS’s Trust Fund Recovery Penalty: A Perilous Trap for the Unwary
Puttering on About Drones
Fooling Mother Nature Requires a Texas License
Data Breach? Your Obligations under the Texas Identity Theft Enforcement and Protection Act
Mary O'Connor | Farrow-Gillespie & Heath LLP | Dallas, TX The SEC’s Reach May be Longer than you Think
Popular
  • Liza Farrow-GIllespie | Farrow-GIllespie & Heath LLP | Dallas, TXNew Simpler 501c3 Application for Small CharitiesJanuary 2, 2015 - 4:03 pm
  • Jennifer Snow | Farrow-Gillespie & Heath | Dallas, TXHIPAA Law and Business AssociatesJanuary 15, 2015 - 12:40 pm
  • Scott Chase | Farrow-Gillespie & Heath LLP$150,000 Penalty for HIPAA ViolationJanuary 15, 2015 - 1:15 pm
  • Health Law | Farrow-Gillespie & Heath LLPPhysician Non-competition AgreementsJanuary 21, 2015 - 12:20 pm
Recent
  • Three attorneys named to the 2022 list of Best Lawyers in...May 12, 2022 - 9:17 am
  • Mary O'Connor | Farrow-Gillespie & Heath LLP | Dallas, TXMary L. O’Connor has become Equity PartnerApril 11, 2022 - 9:09 am
  • Jennifer and Jessica Named to 2022 Texas Rising Stars List...March 28, 2022 - 8:58 am
  • Matthew Glenn | Farrow-Gillespie & Heath LLP | Dallas, TXMatthew Glenn is now an Of Counsel of the FirmFebruary 1, 2022 - 8:48 am
Tags
501c3 beneficiaries business and corporate law Christian Kelso Chris Wilmoth compliance covid dallas Elder Law Ellen Williamson employer employment law estate planning executor fiduciary Guardianship healthcare health law HIPAA intern intestate irs jessica dunne Julie Heath Liza Farrow-Gillespie medicare nonprofit organizations pandemic PHI physician power of attorney probate Probate litigation regulations Scott Chase Spencer Turner tahlia clement tax technology Texas texas law trust violation will wills

About the Firm

Since 2007, the majority woman-owned law firm of Farrow-Gillespie Heath Wilmonth LLP has been providing sophisticated legal representation in a variety of practice areas. Located in downtown Dallas, FGHW is rated AV Preeminent, the highest rate awarded to law firms, and is a certified Women’s Business Enterprise (WBE) and Historically Underutilized Business (HUB).

FGHW offers a full range of legal services to businesses, governmental entities, nonprofit organizations, and individuals.

Farrow-Gillespie Heath Witter LLP Law Firm | Dallas, Texas

1700 Pacific Avenue
Suite 3700
Dallas, TX 75201
214-361-5600
fax 214-203-0651

www.fghwlaw.com

[email protected]

Farrow-Gillespie Heath Witter LLP Law Firm | Dallas, Texas

Important Notice

Contacting an attorney via this website does not create an attorney-client relationship and is not subject to attorney-client privilege. By using this site, you agree to our Terms of Use, and you acknowledge receipt of our Privacy Policy.

Farrow-Gillespie Heath Wilmoth LLP
1700 Pacific Avenue
Suite 3700
Dallas, TX 75201
214-361-5600
fax 214-203-0651

[email protected]

Farrow-Gillespie Heath Witter LLP Law Firm | Dallas, Texas

 

Copyright 2022 FGHW. All rights reserved.

Farrow-Gillespie Heath Wilmoth LLP - powered by Enfold WordPress Theme
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

Accept settingsHide notification onlySettings

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only