This FAQ aims to set the record straight with a simple, no-nonsense, and ultimately factually correct description of the US Trademark Law. Copyrights cover literary, artistic, and musical works.
Patents protect inventions and improvements to existing inventions.
For complete information about copyright, visit my Copyright FAQ . A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name, e.g. McDonalds. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.