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Home-Based & Micro Businesses in Mississippi - FAQ 5

What is the difference between a copyright, a trademark, and a patent?

Copyrights -- Copyright is a form of protection provided by U.S. laws to the authors of original works of authorship, including literacy, dramatic, musical, artistic, and certain other intellectual works. Copyright protection begins from the time the work is created in a fixed form. The copyright immediately and automatically becomes the property of the author who created it.

Copyright registration is optional and generally is not a requirement for protection. However, registration provides several advantages to copyright owners. It establishes a public record of the copyright claim and is necessary before an infringement suit may be filed in court. Registration may be made at any time within the life of the copyright.

Contact the U. S. Copyright Office Public Information Office at 202/707-3000 of the Forms and Publications Hotline at 202/707-9100. This number may be used for general copyright information for questions relating to copyright registration.

Trademarks -- A trademark or service mark is a word, name, symbol, design, phrase, or slogan (or a combination of these items) used by individuals, groups, or organizations to identify goods or services and to distinguish them from others. Trademark registration is handled by the U.S. Patent and Trademark Office. The Copyright Office has no authority in trademark matters.

For additional information and an application form, call the U.S. Patent and Trademark Office at 800/786-9199. Mississippi also provides for registration and certificates of registration of service marks or trademarks. The $50 filing fee is valid for 5 years. To receive form F0023, write to the Mississippi Secretary of State, P.O. Box 136, Jackson, MS 39205 or call 601/359-1633.

Patents -- A patent for an invention is a grant of a property right by the government to the inventor. The right conferred by the patent grant is "the right to exclude others from making, using or selling" the invention. A patent is given only to the first inventor. If one innocently "invents" something already patented, no second patent is granted. Patents are granted for a "new and useful" process, machine, manufacture, composition of matter, or ornamental design for an article of manufacture.

For more information on patents, call the U.S. Patent and Trademark Office at 800/786-9199.