ANSWER: the difference between a trademark, a registered trademark, and a copyright
Greetings and salutations, Fandom Grammar watchers! Today we'll be going beyond the typical grammar lesson to look at a subject with important, real-world applications (well, for those of us who don't spend all day with our noses buried in books and FanFiction.Net): the difference between a trademark, a registered trademark, and a copyright.
Trademarks
A trademark is used on a word, symbol, device, or name that is “used to distinguish the goods of one manufacturer or seller from that of another”--a sort of brand mark, if you will. The aforementioned word, symbol, device, or name will be followed a superscript “TM” (which looks like this: TM) to denote it as a trademarked item. The inclusion of a trademark symbol shows that the item belongs to a company and cannot be used by a different company.
However, the inclusion of this symbol does not protect other companies from creating similar products. Suits may be brought against companies that produce similar products under different trademarks, but the company that believes its trademarks have been violated will have to prove that it created the product first, and even then, its side could lack the proper legal defense due to the trademark not being registered through the U.S. Patent and Trademark Office.
“Look at this one!” said Minako, holding up a sampler bottle of perfume. “It's called 'Moonlight Sonata.'” She sprayed the mist onto her wrist and smelled it. “Oh, it smells so good! Perfect for you, Usagi! And look: it even has your trademark on it!”
Usagi took the bottle and looked at its label. There was indeed a side-sitting crescent moon circling the fragrance's name. “Hey, that's my symbol!” she said. “I didn't tell them they could use it!”
“Last I checked, you didn't have it registered,” said Rei.
Registered trademarks
As its name suggests, a registered trademark is a trademark that is registered through the U.S. Patent and Trademark Office. It is denoted as an “R” inside a circle and placed behind the item in question (like this: ®). Should a secondary company try to publish a trademark that is too similar to a trademark already registered to a different company, the different company has the grounds to press charges against the secondary company for trademark infringement that it would lack if the trademark weren't registered.
Registering trademarks can take a while (usually it takes about four months for the Office just to respond to an application for registration) and lasts only ten years with a verification that the item is still in use between the fifth and sixth year. But considering the legal issues that could arise if the item is not registered, the process seems like a worthwhile venture for any business that wants to firmly establish itself.
“Ulgh, this Sailor Moon game is terrible!” said Usagi, slamming down the controller. “Someone makes a Sailor V game and it's lots of fun, and but when someone makes a game about Sailor Moon, it's awful! I ought to sue whoever made this game for all they're worth!”
Glancing up from his study book, Mamoru picked up the discarded game case and looked at it. “Well, it says the registered trademark is to a 'Tsuki No Gemuzu.' If you look up their address online, I'm sure you'll find an address to send a Summons to Court to.” He laid the case down and went back to his book.
Copyrights
A copyright works much like a trademark in that it protects the unfair replication of an other entity's work. It varies a little in that it only applies to intellectual property, such as films, literature, video games, etc.. It is denoted as a “C” inside a circle and placed behind the name of the intellectual work (like this: ©).Once a title is completed, it automatically receives copyright protection, regardless of whether or not it is published either through a company or independently. This protection gives the creator exclusive rights to reproduce the work.
Of course, as we've already seen with trademarks, the smarter option is to have the work “officially” copyrighted via the U.S. Copyright Office, which protects the creator's standing in legal situations. (It should be noted, however, that a registered copyright does not protect any “titles, names, phrases or slogans, symbols, designs, ideas, procedures, methods, concepts or discoveries” featured in the work.) An officially registered copyright lasts the number of years that the creator lives plus seventy additional years
“Oh, Luna, what am I going to do?” said Usagi, collapsing on her desk while Luna jumped from the bedroom window seal onto the bed. “I've got this stupid short story due in English tomorrow, and I haven't even started it! I don't know what to write about! I hate English!”
“The best authors in the world all find inspiration in their favorite stories. Why not look to some of your favorite manga for inspiration?” Luna said, nodding at the bookshelf full of manga volumes between the desk and bed.
“Say, that's a good idea!” Usagi said. She leaned over and plucked a volume from the shelf. “This one was pretty good. A tragic love story between a prince and a princess-and the prince was really hot. Besides, it's not like my teacher knows who-” She glanced at the author's name. “Naoko Takeuchi is.” Turning to the first page, she grabbed her pencil and began to write. “'Once upon a time, in a kingdom in space--'”
“No, Usagi!” Luna cried, jumping onto the open volume. “You can't just copy another writer's work! It's copyrighted! You could get in big trouble! Besides which, a princess of the Silver Millennium should have enough moral aptitude not to steal someone's story!”
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