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This document provides insights into copyright and trademark law as it applies to video game developers and publishers, offering guidance on obtaining and enforcing rights in their games.
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How to fill out Copyrights and Trademarks

01
Determine the type of work or trademark you want to protect.
02
Gather necessary information such as the title of the work or the mark you wish to register.
03
For copyrights, prepare a copy of the work you want to protect.
04
For trademarks, ensure the mark is not currently in use by another entity.
05
Complete the application form for copyright or trademark registration.
06
Pay the required filing fees associated with the application.
07
Submit the application to the appropriate government office (e.g., U.S. Copyright Office for copyrights, USPTO for trademarks).
08
Await confirmation of receipt and any additional instructions or examinations from the respective office.

Who needs Copyrights and Trademarks?

01
Authors, musicians, and artists who create original works.
02
Businesses seeking to protect their brand identity through logos and slogans.
03
Developers of software and digital content.
04
Publishers and filmmakers.
05
Anyone involved in the creative process or who has intellectual property that requires legal protection.
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From a technical standpoint, a work is considered copyrighted as soon as it becomes fixed in a tangible form. Similarly, a brand name or logo is considered trademarked whenever the mark is first used in connection with the business and/or good or service it represents.
But the main difference between copyright and trademark is that copyright protects original expressions in works whereas trademark protects the business reputation and goodwill associated with the word, phrase, symbol, and/or design.
From a technical standpoint, a work is considered copyrighted as soon as it becomes fixed in a tangible form. Similarly, a brand name or logo is considered trademarked whenever the mark is first used in connection with the business and/or good or service it represents.
The creation of intellectual property is an exciting time, and before going to market, you need to protect your idea in the best way possible. This brings us to the four types of intellectual property protection — copyrights, trademarks, patents, and trade secrets.
Copyrights protect original works of creation, such as books or paintings. Trademarks protect words, phrases, logos, symbols, etc. that identify and distinguish the source of goods, such as the Nike “swoosh”. Reason they are protected by law – Patents protect inventors and inventions in order to foster innovation.
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic. Fanciful or arbitrary marks are the strongest.
Trademarks can protect any symbol, word, or phrase that protects your business' intellectual property — trademark law is not limited to logos. McDonald's, for example, trademarks phrases like “McDelivery,” “McNugget,” and “Egg McMuffin” to prevent other fast food chains from using the same names for their own products.

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Copyrights protect original works of authorship such as literature, music, and art, while trademarks protect symbols, words, or phrases that identify and distinguish goods or services.
Creators of original works, such as artists, authors, and inventors, are required to file copyrights. Businesses and individuals who want to protect their brand names, logos, or products are required to file trademarks.
Filing for copyrights involves completing an application form with details about the work, along with a copy of the work itself. For trademarks, one must complete an application that includes information about the mark, its use in commerce, and goods or services associated with it.
The purpose of copyrights is to provide creators exclusive rights to their original works, incentivizing creativity. Trademarks protect consumers by preventing confusion over the source of goods or services and ensuring brand integrity.
For copyrights, information such as the title of the work, the name of the creator, the date of creation, and a copy of the work must be reported. For trademarks, information like the applicant's details, a description of the mark, and the goods or services it represents must be reported.
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