How Does a Trademark Differ from a Patent or Copyright?

What Is A Trademark?

A trademark is a distinctive symbol, design, logo, or phrase that identifies and distinguishes the goods or services of one company from those of others. Trademarks serve as a source identifier for consumers, indicating the origin of goods and services. Examples of famous trademarks include Coca-Cola’s script logo, Nike’s “Swoosh” logo, and Apple’s bitten apple logo.

Examples of registered trademarks in the surf industry include:

Examples of patents in the surf industry include:

• “Quiksilver” for surfwear and accessories
• “Billabong” for surfwear and accessories
• “Rip Curl” for surfwear and accessories
• “O’Neill” for surfwear and accessories
• “Hurley” for surfwear and accessories
• “Body Glove” for surfwear and accessories

These trademarks identify specific surfwear and accessories brands and have been legally registered to protect the brand’s image and reputation.

What Is A Patent?

A patent is a form of intellectual property that gives the holder exclusive rights to prevent others from making, using, selling, or importing an invention for a certain number of years. A patent provides protection for new, useful and non-obvious inventions. Examples of patented products include the telephone (Alexander Graham Bell), the light bulb (Thomas Edison), and the computer mouse (Douglas Engelbart).

Examples of patents in the surf industry include:

• A surfboard with interchangeable fins
• A surfboard leash with a quick-release mechanism
• A surfboard with a built-in camera mount
• A surfboard with a hydrodynamic shape for improved performance
• A surfboard carrier with a modular design for easy transportation
• A wetsuit with improved insulation and flexibility

These patents relate to specific surfboard and wetsuit designs and technology that have been registered with the USPTO and the inventors have taken steps to protect their rights over these inventions.

What Is A Copyright?

A copyright is a form of legal protection that gives the creator of an original work exclusive rights to reproduce, distribute, perform, and display that work for a certain number of years. Copyright law applies to various types of creative works, including literary works, musical compositions, software, films, and photographs.

Examples of registered copyrights include:

• The novel “To Kill a Mockingbird” by Harper Lee
• The song “Happy Birthday to You”
• The video game “Super Mario Bros.”
• The software program “Microsoft Office”
• The photograph “American Gothic” by Grant Wood

These works have been officially registered with the US copyright office and the creators have taken steps to protect their rights over these works.

Examples of registered copyrights in the surf industry include:

• Surf photography or images of surfers catching waves
• Surf film or video footage of surfers and surf competitions
• Surf music or surf-inspired musical compositions
• Surf-related written works, such as books or articles about surf culture and history

What Are The Key Differences Between Trademarks, Patents and Copyrights?

Trademarks, patents, and copyrights are all forms of intellectual property protection, but they each protect different types of intellectual property in different ways:

• Trademarks protect symbols, logos, and branding that identify a specific product or company.
• Patents protect inventions, such as products, processes, and machines. Patents grant the inventor the exclusive right to prevent others from making, using, selling, or importing the invention for a certain number of years.
• Copyrights protect creative works, such as literature, music, software, film, and photography. Copyrights grant the creator the exclusive right to reproduce, distribute, perform, and display the work for a certain number of years.

In summary, trademarks protect brand, product and service identities, patents protect inventions, and copyrights protect creative works.