What each protects.
WHAT A TRADEMARK PROTECTS
A name, logo or sign identifying the source of goods or services.
WHAT COPYRIGHT PROTECTS
Original works: writing, software, images, music, film, designs of certain kinds.
WHAT A PATENT PROTECTS
An invention: something new, inventive and industrially applicable.
WHAT A REGISTERED DESIGN PROTECTS
The appearance of an article.
WHAT TRADE SECRETS PROTECT
Confidential commercial information, for as long as it stays confidential.
WHY THE DISTINCTIONS MATTER
Each is obtained differently, lasts a different period, and protects against different things.
WHAT ARISES AUTOMATICALLY
Copyright, generally on creation.
WHAT REQUIRES REGISTRATION
Trademarks and patents, to be enforceable in the usual way.
WHAT DEPENDS ENTIRELY ON YOUR CONDUCT
Trade secrets, which are lost when disclosed.
WHAT A BUSINESS NAME REGISTRATION IS NOT
A trademark.
WHY THAT MATTERS ENORMOUSLY
Registering a business name gives no right to use it against a trademark holder.
WHAT PEOPLE COMMONLY ASSUME WRONGLY
That a company registration protects the name That a domain name confers rights That copyright must be registered to exist That an idea can be protected
WHAT CANNOT BE PROTECTED
Ideas themselves.
WHAT CAN
Their expression, and their implementation.
WHAT TO TREAT THIS CATEGORY AS
General information, not legal advice.