Relationship - Patents, Trademarks and Copyrights

Relationship Between Patents, Trademarks and Copyrights
Proprietary Right Utility Patent Design Patent Trademark or Service Mark Copyright
What is Protected Functional features of a process, machine, article of manufacture, or composition of matter. Aesthetic features of a manufactured article Words, names, or symbols Writing, computer, software, music, works of art.
Requirements Novel and unobvious Novel and unobvious Used to distinguish one person's goods or services from those of others. Originality
How rights are acquired Only granted by federal government Only granted by federal government Common Law: adoption and use.
State Registration: adoption, use and application
Federal Registration: adoption, use or intention to use, and application.
Automatically acquired when created; early registration is recommended to preserve statutory damage rights
Term of Protection 20 years from filing 14 years from issuance Common Law: as long as used as a mark.
Federal Registration: 10 years with right to renew for 10 year terms in perpetuity, so long as properly used.
If owned by a natural person: the life of the author + 50 years. If the work is an anonymous, pseudonymous work, or a work made for hire: 75 years from the first publication, or 100 years from creation, whichever expires first.
Infringement Making, using or selling in the U.S. a device coming within the scope of any patent claim Making, using or selling in the U.S. a product that looks substantially similar (to the eye of an ordinary observer). Using a mark that causes likelihood of confusion as to source or sponsorship Copying, resulting in substantial similarity.