Trademark vs Copyright: What’s the Difference?

In today’s economy, the concept of trademark vs copyright matters more than ever, but this topic also confuses people. Both protect intellectual property, but they serve different purposes. Recognizing how they differ can keep ideas, products, and brands protected from copying or manipulation.

Build Protection That Lasts

We represent a diverse group of clients at Harrigan IP, from entrepreneurs launching their first product to corporations managing global portfolios. Each trademark application or copyright registration shows our commitment to securing the rights of our clients. With over two decades of experience from our founding attorney, we help every client receive custom solutions across all 50 states.

The Basics of Trademarks and Copyright

Trademarks protect things that identify a brand, like logos, names, or slogans. These elements have to make a product or service distinct in the marketplace. A trademark can prevent consumers from becoming confused and allows businesses to maintain their reputations. Businesses use trademarks as a way to prevent competitors from copying their branding.

Copyright protects original creative works. It gives creators the right to reproduce, distribute, or adapt their works. Copyright focuses on the content of the work instead of its identity as a brand. It helps creators control how their works are used and make money off of their creations through things like licensing agreements.

The Difference Between Trademarks and Copyright

While the concepts of trademarks and copyright do overlap, there are differences between the two that offer unique benefits, including:

• Dual Protection: Obtaining both a copyright and a trademark can help people protect assets that are both creative and commercial in nature. This can create multiple layers of defense against different types of infringement. One protects the design from unauthorized copying, while the other helps consumers recognize your product in the market.
• Company Logos: These are one of the most common examples of intellectual property that can benefit from both copyright and trademark protection. The artistic elements of a logo could qualify for copyright protection, while its use in commerce makes it eligible for trademark protection. This helps companies keep control over both the creative and commercial parts of their brand identity.
• Time Differences: There are differences between the length of time a copyright and a trademark are valid for. Copyright generally lasts for a long time after the creator dies, regardless of whether or not it is being used commercially. Trademarks can last indefinitely, but it has to be used commercially and be renewed every so often.
• Different Registration Systems: The application and maintenance processes for copyright and trademark protection involve different governmental offices, procedures, and legal standards. Copyright registration is handled by the US Copyright Office, but trademark registration is done through the USPTO. They each have different methods of registration and renewal.

By using both forms of protection strategically, businesses and creators can build a strong defense that protects their assets from multiple angles.

Legal Solutions for Infringement

Trademark and copyright infringement cases also follow different legal pathways because they protect different things. In trademark cases, the issue centers around consumer confusion and the market. This means that the company has to prove that another party using the same mark would mislead customers away from their business. Courts review things like the similarity of design and whether or not the products or services are related.

Copyright focuses on the unauthorized copying or distribution of creative works. In these cases, both works are reviewed for similarity and whether or not their use falls under fair use guidelines. These cases could require less evidence of damages because the issue is more about the creators’ rights to own their work.

Why Do I Need an Attorney?

Getting trademark or copyright protection is a complicated process that can benefit from an attorney’s help. They know about common errors that get people’s applications delayed or rejected. For trademarks, an attorney conducts a thorough search to confirm that no existing concepts match with the proposed one to prevent future legal challenges.

Copyright law can also be difficult, especially when determining ownership or transferring rights. An attorney can create legal agreements that protect their legal interests to prevent them from losing control over their work.

FAQs

What Makes a Trademark Different From a Copyright?

The difference between a trademark and a copyright is mainly based on what they protect. A trademark protects words, phrases, symbols, or designs that separate a brand or product from others. Copyright protects original works like books, songs, movies, or art. Trademarks protect businesses and their reputation, while copyright protects creators and gives them the right to use and profit from their work.

What Types of Intellectual Property Qualify for Trademark Protection?

The types of intellectual property that qualify for trademark protection include things like words, slogans, logos, or other identifiers that make a product or service recognizable to consumers. They must be specific terms or images that depict a business. They rely on trademarks to build brand recognition and have consumers trust them to provide their goods or services.

What Does Copyright Protect?

Copyright protects things like texts, musical compositions, visual art, and even digital items like software code. To qualify, a work has to be considered creative and in a medium that is tangible, like a book or a digital file. The author or creator of the work usually owns the copyright unless they transfer the rights through an agreement. If a work was created due to employment, the employer might own the copyright.

Can Something Qualify for Both Trademark and Copyright Protection?

Something can qualify for both trademark and copyright protection. For example, a logo designed for a business could have both trademark protection for a brand and copyright protection for a creative image. These two ideas serve different purposes and are considered different under the law. Businesses often rely on both copyrights and trademarks for strong legal protection.

Guard Your Assets

Intellectual property protection can build security for brands and businesses. Choosing the right form of protection can avoid mistakes in the future. Trademarks and copyrights play separate roles, but many benefit from using both. Schedule a consultation with Harrigan IP today to learn more about which form of intellectual property protection most effectively fits your needs.