A trademark and a copyright are both types of intellectual property protection that afford a way to defend against unauthorized use. While trademarks and copyrights both relate to intellectual property, each protects a different type of asset. If you are in the business of creating unique goods for placement in the stream of commerce, it is essential that you understand the difference between the two.
What does trademark protect
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself.
A trademark protects a name, logo or slogan that is used to identify and distinguish a product or service in the marketplace. Put another way, trademarks are used to differentiate one product or service from competing products or services.
What does copyright protect
Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
Instead of protecting a name or slogan, a copyright protects an original creative work, such as a book, a film, or a painting.
By having a copyright, the author of the creative work can stop others from copying or reproducing the work without permission. In other words, a copyright provides you with the right to control how your creative work is used.
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Trademark VS. Copyright
So how can you tell if you need a trademark or a copyright? The general public might often confuse the terms copyright and trademark, but it’s important to understand that they protect different assets.
If you have a business and you want to protect its name, logo, or slogan, then you would need a trademark.
If you have a product, and you want to protect the name, logo or slogan that you use to promote or sell that product, then you would also want to get a trademark.
On the other hand, if you have created content, then your work would likely fall under the realm of copyright law. Examples of content can be copyrighted include: Books; Manuscripts; Screenplays; Films; Movies; Paintings; Photographs; Poems; Song lyrics; Musical composition.
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