I need to patent a trademark! How do I get a copyright on a brand?
This is often how people apply to our firm for trademark registration, but this wording is incorrect. Subject to patenting are objects of industrial property, i.e. inventions, utility models, industrial designs, while copyright is protected by works of science, literature and art.
What is the right way: a brand, a trademark or a trademark?
By and large, there is no difference. Trademark is the English equivalent of “trademark” (actually, a trademark is a legal term enshrined in law). A brand can include a trademark, a corporate culture, a culture of customer relations, a slogan and much more. But if we operate with the terms strictly in the legal plane: the correct term is “trademark”.
You can only patent an invention, a utility model, an industrial design (a car engine, a unique way of solving common problems, a clothing or furniture design, etc.). Copyright (and related rights) covers prose and poetry, scientific discoveries, fine art, music, movies, computer programs, etc.
And a trademark can be registered.
In future publications we will tell more about how you can register a trademark, what to pay attention to, what is the threat of refusal to register a trademark and what responsibility is provided for the illegal use of someone else’s trademark.