Trademarks 101

What even is a trademark, and do I really need one?

Three Ways to Protect What You Create: Trademarks, Copyrights, and Patents…

For the record, there are no dumb questions here because (let’s be honest) intellectual property isn’t the simplest thing at first glance. Before I attended law school, I had absolutely no idea what any of these concepts were, and I only learned from a lot of reading and by trying to simplify things for my own sanity’s sake. The good news is that we can simplify what intellectual property is, as a concept, and make life a lot easier, at least on the front end. The processes and registrations get more complicated and nuanced, but we’ll leave that for later.

And Intellectual Property (or “IP”) is…?

To start, think of IP similar to how you might think of traditional property. If you create a new product line (say, hats and shirts or blouses) with a new logo and design, you’d expect that some other person wouldn’t be allowed to come into your garage, pick up all of your boxes of branded clothes, and then put them in the back of their car and run off with them, right? If you’re nodding your head, then we’re on the same page because you’d very likely be able to sue that person in a civil court (for $ damages) or that person could be subject to criminal penalties. If you ever hear someone talk about tangible property, then that’s the legal term for something that’s physical property that you can touch, essentially.

Intellectual property is a broad category of intangible property, or property that you can’t touch per se but that is important and exists in the mind. Some call it a “creation of the mind.” So, using our clothing line example,

It’s helpful to know what these three words represent. I had no idea what the difference between a trademark (™), a copyright (©), or a patent was. Long story short, the best way to learn

It’s helpful to know what these three words represent. I had no idea what the difference between a trademark (™), a copyright (©), or a patent was. Long story short, the best way to learn

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