The Difference Between a Trademark and a Copyright

Trademarks vs Copyrights: Understanding the Differences

Trademarks and copyrights are two types of intellectual property protections that offer distinct benefits to creators and owners of original works due to their differences. Understanding the differences between these two forms of protection is essential for anyone looking to safeguard their intellectual property. It is crucial to understand the differences between trademarks vs copyrights because they have different subject matter, duration of protection, and rights granted. In this section, we will explore the differences between subject matter, duration of protection, rights granted, and registration process.

Subject Matter

One of the primary differences between trademarks and copyrights is the subject matter that each form of protection covers. Trademarks protect words, phrases, symbols, and designs used to identify and distinguish goods and services in the marketplace. In contrast, copyrights protect original works of authorship including literary works, musical works, artistic works, and software.

Duration of Protection

Another significant difference between trademarks vs copyrights is the duration of protection provided. Trademarks can potentially last indefinitely as long as they are used in commerce and remain distinctive. In contrast, copyrights are generally granted for the life of the creator plus a certain number of years after their death. The length of time varies depending on the jurisdiction, but it is typically several decades.

Rights Granted

The rights granted by trademarks vs copyrights is another significant difference between the two. Trademarks provide owners with the exclusive right to use the mark in commerce and prevent others from using similar marks that might confuse consumers. Copyrights, on the other hand, provide owners with the exclusive right to reproduce, distribute, and display their original works. Copyright owners also have the right to create derivative works based on their original works, such as translations or adaptations.

Registration Process

The registration process for trademarks vs copyrights is also distinct from one another. Trademark registration requires filing an application with the appropriate government agency, the U.S. Patent and Trademark Office, and demonstrating that the mark is distinctive and being used in commerce. Once registered, the owner must continue to use the mark in commerce to maintain the registration.

Copyright registration is voluntary, but it does offer additional legal protections. Copyright owners can register their works with the appropriate government agency, the U.S. Copyright Office, by completing an application and paying a fee. Once registered, the copyright owner has legal proof of ownership, and they may be eligible for additional damages in the event of infringement.

Trademarks vs Copyrights: Understanding the Similarities

Although trademarks and copyrights are two distinct forms of intellectual property protections, they do share many similarities. Both trademarks and copyrights provide legal protection for original works, and both require registration to establish legal ownership and enforce rights. In this section, we will explore the similarities of trademarks vs copyrights.

Both are Forms of Intellectual Property

The first and most fundamental similarity between trademarks vs copyrights is that they are both forms of intellectual property. As said above, intellectual property refers to creations of the mind, such as inventions, literary and artistic works, and symbols or designs used in commerce. Both trademarks and copyrights protect intellectual property but in different ways. Trademarks protect words, phrases, symbols, and designs used to identify and distinguish goods and services, while copyrights protect original works of authorship, including literary, artistic, and musical works, as well as software.

Both Provide Legal Protection

Another similarity between trademarks and copyrights is that they provide legal protection for original works. Trademarks protect owners from competitors using similar marks that might confuse consumers, while copyrights protect owners from unauthorized reproduction, distribution, or display of their original works. Both forms of protection offer owners the ability to take legal action against infringers and seek damages for any harm caused.

Both are Easier to Enforce with Registration

Both trademarks and copyrights require registration to establish legal ownership and enforce rights. While registration is not required for either form of protection, it is highly recommended. Registering a trademark with the appropriate government agency, the U.S. Patent and Trademark Office, provides owners with legal proof of ownership and exclusive rights to use the mark in commerce. Registering a copyright with the U.S. Copyright Office also establishes legal proof of ownership and provides owners with additional legal protections, such as the ability to seek statutory damages in the event of infringement.

Conclusion

In conclusion, trademarks and copyrights are two distinct forms of intellectual property protections that differ in subject matter, duration of protection, rights granted, and registration process while still sharing many similarities. Both trademarks and copyrights protect original works, provide legal protection, and require registration to establish legal ownership and enforce rights. Understanding the differences between trademarks and service marks can help companies protect their brand identity and establish a strong reputation in their respective industries.

Trademarks

Trademarks are a crucial aspect of branding for any business or organization. Trademarks play an important role in brand recognition, and therefore can be protected by law to prevent infringement by competitors. In this section, we will explore the definition of a trademark, the different types of trademarks, their purpose, and the registration process for trademarks.

A trademark can be a distinctive mark that identifies and distinguishes the source of goods or services of one business from those of another business. Trademarks can be registered in the from of a word, phrase, symbol, or design. An example of a trademarked word is “Super Hero,” registered by DC Comics Partnership, Marvel Characters, Inc. “Let’s get ready to rumble” is a widely known trademarked phrase registered by famous wrestling and boxing announcer Michael Buffer. The Nike swoosh is one of the most recognized trademarked symbols. The Listerine bottle design is another well known trademarked design. Each of these trademarks are so widely recognized that it creates exclusivity. Further famous trademarks are listed in our recognized trademarks article.

Types of Trademarks

There are several types of trademarks that a business or individual can use to identify their products or services. The difference between them is simply the type of branding they are.

1. Word Trademarks: A word trademark is a distinctive word or phrase that a business or individual uses to identify their products or services. Examples of word trademarks include Pepsi, Chanel, and Sony.
2. Design Trademarks: A design trademark is a distinctive design or symbol that a business or individual uses to identify their products or services. Examples of design trademarks include the Adidas three stripes, the McDonald’s golden arches, and the Apple logo.
3. Slogan Trademarks: A slogan trademark is a distinctive phrase or tagline that a business or individual uses to identify their products or services. Examples of slogan trademarks include “Just Do It” for Nike and “I’m Lovin’ It” for McDonald’s.

Purpose of Trademarks

There are two main purposes to trademark registration: brand recognition and protection against infringement.

1. Brand Recognition: Trademarks help businesses and individuals create a recognizable brand identity that consumers can associate with their products or services. By using a unique and distinctive trademark, businesses can show the difference between their products and their competitors and build brand loyalty among their customers.
2. Protection against Infringement: Trademarks provide legal protection for businesses and individuals against infringement by competitors. By registering a trademark with the relevant authorities, the owner has the exclusive right to use the trademark in connection with their products or services. This prevents others from using a similar or identical trademark, which could cause confusion among consumers.

The brand Coke is a great example of trademarked branding being used to avoid customer confusion. Coke has distinct packaging in order to stand out from competitors. Everyone knows they are purchasing Coke when they pick up that red soda can. Now say another business decided to use the same packaging for their soda recipe, however, their version does not contain the same ingredients as Coke does. Customers are likely to purchase this other brand thinking it is Coke and become disappointed when it is not the same quality. As small as it may seem, the difference matters. Trademarks aim to protect the reputation of a business by preventing such situations.

Registration Process for Trademarks

In order to obtain protection for a trademark, it must be registered with the United States Patent and Trademark Office (USPTO). You can follow our 4 steps to trademark for more in-depth information on the trademark registration process. When registered, the trademark owner has exclusive rights to use the mark in connection with the goods or services for which it is registered. If someone else uses a similar mark in a way that causes confusion among consumers or the same exact mark, the trademark owner can take legal action to protect their rights. For more information on intellectual property infringement, check out our article “What Does Infringement Mean?“

The first step in registering a trademark is to conduct a trademark search to ensure that the trademark is not already in use by another business or individual. Once the search is complete, and it is ensured the mark is not already in use, it is time to begin preparing the details of the trademark application. The next step would be to submit the trademark application to the USPTO. It will take some time before the fourth and final step can be taken: responding to any USPTO office actions or communications. 

A trademark examiner must first review the application before making any decisions. If the examiner approves the application, the trademark will be published for opposition, giving others the opportunity to object to the registration of the trademark. If there are no objections, the trademark will be registered, and the owner will receive a certificate of registration.

Copyrights

Copyrights are an essential aspect of protecting creative works from unauthorized use and providing legal protection for the creators of original works. In this section, we will explore the definition of copyrights, the different types of works protected by copyrights, their purpose, and the registration process for copyrights.

Definition of Copyrights

Copyrights are another form of intellectual property that are registered to the authors of original works of authorship, including literary, dramatic, musical, software and artistic works. They can cover works such as books, songs, movies, and photographs. Copyright owners have exclusive rights to reproduce, distribute, and display their work, and can license these rights for economic benefits. As soon as a work is created and fixed in a tangible form, such as being written down or recorded, it is automatically protected by copyright. Understanding the types of works protected by copyrights, as well as the registration process, is important for creators to protect their creations and monetize them.

Types of Works Protected by Copyrights

Copyright protection applies to a wide range of creative works including:

1. Literary Works: This includes books, articles, essays, and other written works.
2. Musical Works: This includes compositions and arrangements of music, as well as lyrics.
3. Artistic Works: This includes paintings, photographs, sculptures, and other visual works.
4. Software: This includes computer programs and other digital works.

Purpose of Copyrights

The purpose of copyrights is twofold: protection of original works and economic benefits for creators.

1. Protection of Original Works: Copyrights provide legal protection for the creators of original works, preventing unauthorized use and reproduction of their works. This protection allows creators to maintain control over their creations, which can be crucial for maintaining the integrity and value of their works.
2. Economic Benefits for Creators: Copyrights provide creators with economic benefits by allowing them to license their works for reproduction, distribution, and display. This can provide a source of income for creators and can also be crucial for the promotion and dissemination of their works.

Registration Process for Copyrights

In order to obtain legal protection for a copyright, you can register it with the United States Copyright Office. You can follow our 3 steps to copyright for more in-depth information on the copyright registration process. Once an original work is made, the creator automatically becomes the owner of the copyright to their work upon creation. All that must be done following that is copyright registration with the United States Copyright Office. 

To complete a copyright registration, an application must be filled out with information about the original work and its creator. Once the application is submitted, a filing fee must be paid in order for an examiner to examine the copyright application and ensure it meets the requirements needed for copyright protection. If the application is approved, the copyright will be registered, and the creator will receive a certificate of registration.