One of the most common things that happens for me with initial consultations relating to Intellectual Property is that I will get a call or an e-mail saying that the person needs to talk to me about a copyright question. I say that’s great, prepare for the consultation, walk in – and lo and behold, it is not a copyright question at all! It’s a trademark question.
Now, I have been doing this enough that I know to go in with an open mind when someone is talking about a specific type of intellectual property and not get flustered or shocked by this. However, I still am a bit surprised when people don’t really know that there are multiple types of intellectual property.
There are, in fact, four general categories of intellectual property. Each has its own nuances, rules, and qualifications. While you aren’t expected to know which type you have (that’s my job), having a basic understanding can ensure you’re talking to the right person.
In short, you have patent, copyright, trademarks, and trade secrets. Patent protection is for inventions, useful articles, and some designs. Copyright protection is for original works of authorship such as books, videos, or photos. Trademark protection is for brand identifiers – a name, logo, or design that allows consumers to distinguish your product from someone else’s. And finally trade secrets are for secrets (surprise!) that give you a business advantage over competitors, such as formulas, processes, and databases. Notice that none of these give protection to ideas on their own.
Hopefully this helps give you an idea about what intellectual property you have – and if you’re like many businesses, you may have more than one type! Now you can get the appropriate protections for it.
by Samantha Peaslee
