# Copyright vs. trademark vs. patent



## kc6789 (Mar 28, 2010)

I need to protect: 

a business name with a DBA name,

a "logo" which is a letter abbreviation (ie. ABC or NBA),

And a design concept that we don't want to be copied. 

Which of these needs to be copyrighted, trademarked or patented? Thanks.


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## PositiveDave (Dec 1, 2008)

You haven't invented anything so don't worry about a patent.
Trademarks protect your logo, you need to trademark every variation.
Copyright exists on your artwork but can register it with your government dept.


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## kc6789 (Mar 28, 2010)

So TM also protects my business name too, right? Not a copyright?


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## kimura-mma (Jul 26, 2008)

Your business name (which you will use to purchase supplies, pay employees, file taxes, etc) is protected within your state when you register your business. You cannot protect your business name in a state where you are not registered. So for protection in all 50 states, you need to file 50 registrations.

Your brand name (which you will feature on your product, tags, website, etc) can be protected through a trademark registration. Your logo can also be protected with a trademark.

Copyrights are for works of art, such as t-shirt designs. Copyright is not sufficient for brand names or logos.


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## chrisgayle (Jul 19, 2011)

A copyright protects original works of authorship, a patent protects inventions for discoveries and a trademark protects famous words, phrases, symbols or designs. so, your business name must be copyrighted, logo must be patented and your design concept must be trademarked.


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## veedub3 (Mar 29, 2007)

chrisgayle said:


> A copyright protects original works of authorship, a patent protects inventions for discoveries and a trademark protects famous words, phrases, symbols or designs. so, your business name must be copyrighted, logo must be patented and your design concept must be trademarked.



A logo is not an invention so how can it be patented?


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## kimura-mma (Jul 26, 2008)

chrisgayle said:


> A copyright protects original works of authorship, a patent protects inventions for discoveries and a trademark protects famous words, phrases, symbols or designs.


This is correct.

EDIT: Except the part about trademarks protecting designs. Trademarks do protect stylized designs (aka logos) but the design/logo needs to represent a source of goods and services. So a design/logo that is used as branding for a t-shirt line would be eligible for trademark. A random design that is used on the t-shirts would not be eligible for trademark.



chrisgayle said:


> so, your business name must be copyrighted, logo must be patented and your design concept must be trademarked.


But this is incorrect.

Business names are registered at the state level as a DBA, LLC or Corp.

Logos are eligible for trademark.

Design concepts are eligible for copyright.

As mentioned, patents are for inventions. Business names, brand names, logos and designs are not eligible for patent.


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