Registration is not necessary to acquire trademark rights, but it provides important benefits. United States federal law recognizes both common law trademarks and marks that are registered with the United States Patent and Trademark Office. This post provides an overview of some of the benefits of registering a mark.
Copyright protects original works of authorship fixed in a tangible medium of expression. 17 U.S.C. §102(a). “Originality” and “authorship” require independent creation and a modicum (i.e. minimal level) of creativity. “Fixation” requires that a work be fixed in a tangible format in which it can be perceived, reproduced or communicated, either directly or with the aid of a machine or device — for example, a writing, recording, photo or video. Continue reading