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TJ, Esq.
TJ, Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 12249
Experience:  JD, MBA
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Trying to figure out the difference between a trademark or

Customer Question

Trying to figure out the difference between a trademark or copyright
Submitted: 10 months ago.
Category: Intellectual Property Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

While copyrights and trademarks both protect intellectual property, they protect different types of intellectual property. Copyrights protect books, music, movies, and other works of art. Trademarks protect brand identity for a business. The best example is the logo.

For example, a trademark protects this:

On the other hand, if somebody pirates a movie online, then that is a copyright violation.

It is important to note that copyrights expire, while trademarks last forever. Accordingly, 100 years from now people will be able to freely copy Harper Lee's latest novel (the sequel to To Kill a Mockingbird), but nobody will be able to use the Starbucks logo except Starbucks. To that extent, a trademark offers more protection than a copyright.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 10 months ago.
It doesn't answer it. I have a more specific question about both. I have an ETSY shop and I need to figure out how these other shops are trademarking all of their shirts
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

What is your more specific question about copyrights and trademarks?


Customer: replied 10 months ago.
I have a shirt that I made, it's the only saying printed on the internet. I tried to trademark it and I got an email saying it wasn't a brand? I'm just confused how i protect this saying because a ton of other shops are trademarking sayings and I don't know how
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

A slogan can only be trademarked if it has acquired a distinctive meaning from its ordinary English definition, and that secondary meaning is identifiable with a brand. So, "where's the beef?" can be trademarked because it's identifiable with Wendy's and was used to sell a product.

Customer: replied 10 months ago.
You just confused me more, I requested a phone call is that still an option
Expert:  TJ, Esq. replied 10 months ago.

Hi again.

I'm sorry, but I'm not available for a phone call. I will continue helping via the website as much as necessary, however. It's possible that a different attorney may be able available for a phone call, but I am not certain. If you would like to try that, then feel free to post the request, and another attorney may accept it.

But if you'd like to explain how you are confused, I will continue working with you here. :)

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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