Post 3: Trademark vs. Copyright

I did some after class research on trademark and copyright. Based on my research, trademark is defined as a recognizable sign, symbol, or expression that can express the products’ identities. I think a good trademark should be simple and striking so that people don’t need to spend a lot of time to memorize it, but they can recognize it whenever they see it. In my opinion, the good example is Nike and Target. Whenever you see the big red check mark, you know Nike’s stores or products are around you. Whenever I am on the highway, I can see Target’s sign easily among other stores. Based on some readings I got from United States Patent and Trademark Office(USPTO), it seems like the office will examine every new trademark before approving it. I wonder how they check the likelihood/similarity among so many trademarks. Do they use some kind of software to check it?

I’m interested in copyright when I took my first class in the U.S. Many instructors/professors would mention “copyright” somewhere on the syllabus. Based on my understanding, copyright protects the original literary work. Whenever someone needs to use the material, they need to give credit to the original author. In the U.S, the copyright term varies. It depends a lot of factors, such as the type of works, date of publication.  For example, if the work is published after 2002, the copyright term will be 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first. Unlike trademark, I think copyright is being protected automatically with registering. Wait a second, if an author died without any children or relatives. Where does the profit go after he died?