The Difference Between a Trademark and a Copyright – Why It Matters
When it comes to protecting intellectual property, there are two types of legal protection that often come up in conversation – trademarks and copyrights. While they both aim to safeguard intellectual property rights, trademarks and copyrights serve different purposes and are subject to different laws.
What is a Trademark?
A trademark is a symbol, design, word, phrase, or combination of these that identifies and distinguishes the source of goods or services. This means that a trademark is a type of intellectual property that protects the brand of a company or individual. Trademarks registered with the U.S. Patent and Trademark Office (USPTO) grant nationwide protection and the exclusive right to use the mark.
Trademarks can be registered for a variety of things, including logos, brand names, and even colors. For example, the Nike swoosh, McDonald’s golden arches, and Coca-Cola’s distinct script logo are all registered trademarks.
What is a Copyright?
On the other hand, a copyright is a legal protection that gives the creator of an original work the exclusive right to use and distribute the work. This means that the owner of the copyright has the sole authority to make copies of the work or distribute it to others, including making adaptations or derivative works. Copyrights can be registered with the U.S. Copyright Office to provide additional legal protections.
Original works that can be copyrighted include books, songs, artwork, and software. The length of time a copyright lasts depends on several factors such as the year the work was first published and whether the owner has registered the copyright.
The Main Difference
The main difference between a trademark and a copyright is what they protect. A trademark protects a brand or logo, while a copyright protects original works such as books or songs. Trademarks are also used to prevent others from using a similar mark or brand that could confuse the public, while copyrights allow the owner to prevent others from reproducing or distributing their work without permission.
Why It Matters
Understanding the difference between a trademark and a copyright is important for anyone who creates or uses intellectual property. By knowing the differences between them, individuals and businesses can better protect and enforce their legal rights. Whether you’re looking to trademark your company’s logo or copyright your latest creative work, speaking with a legal professional can help ensure your intellectual property stays protected.
Table difference between a trademark and a copyright
| Trademark | Copyright |
| A trademark is a symbol, word, phrase, or design that represents a brand or product | Copyright protects original works of authorship |
| Trademarks are used to distinguish one brand or product from another | Copyright does not protect ideas, only the expression of those ideas |
| Trademarks can be registered with the US Patent and Trademark Office (USPTO) | Copyright protection is automatic and exists from the moment the work is created |
| Trademarks can last indefinitely if they are renewed and still in use | Copyright protection typically lasts for the life of the author plus 70 years |
| Trademarks can be licensed or sold to other entities | Copyright can be transferred or sold, but the original author still retains certain rights |