What is the Difference Between A Trademark And A Copyright?

Trademarks and copyrights are two legal tools businesses can use to protect their intellectual property and brand identity. Both are designed to shield your creations from unauthorized use, ensuring that no one else can profit from all your hard work without your permission.

But while they share a similar goal, they have significant differences. For instance, a trademark protects your brand name, while a copyright protects your original work. Understanding these distinctions will help protect your business’s intellectual property and prevent others from infringing on your rights.

Below, we’ll explore the difference between a trademark and a copyright and help you determine which is best for your business.

By the end of this article, you’ll learn how to protect your business’s assets effectively.

What is the Difference Between A Trademark And A Copyright?

Before discussing the differences between a trademark and a copyright, let’s define ‘intellectual property’ first.  

Intellectual property refers to intangible assets used in commerce, such as inventions, designs, symbols, and literary and artistic works. In the context of a business, it refers to your business ideas, products, and other processes that came from it.

That said, copyrights and trademarks are two tools you can use to protect intellectual property. However, there are significant differences between them, such as:

Protected Assets

Trademarks and copyrights protect different types of intellectual property. Copyright protects original works, such as literary, artistic, and intellectual works. Examples include designs, books, music, software, and codes.

It’s important to note that only original works preserved in a tangible form, like a book or a recorded video, can be copyrighted. Anything else not available in tangible form or the public domain cannot be copyrighted.

Conversely, a trademark protects symbols, names, and words that represent a company or a product, like a logo or a slogan. People often mistake trademarks for service marks, but the latter only applies to services, not companies.

So, if you’re a clothing brand, you want to use a trademark to protect your brand name and a copyright to protect your designs.

Registration Process

Aside from the assets they protect, there are major differences in how trademarks and copyrights are registered. To register a trademark, you must do a trademark search to check if your branding materials are not in use.

You must apply to the US Patent and Trademark Office (USPTO) website if they are still available. You can also trademark your business name by applying to your State Trademark Office.

You have the option to complete the application by yourself or you can work with a trademark lawyer.

Meanwhile, you must submit an application and a copy of your original work to the US Copyright Office to register a copyright. You’ll also have to pay an electronic filing fee of $45 for a single author and one work and a $65 fee for the standard application. If you submit your application via mail, you’ll have to pay a $125 fee for paper filing.

Truthfully, you don’t have to register a trademark or copyright to receive legal protection. However, there are several benefits to doing so.

Duration

Copyright protections can last for the entirety of the author’s life, plus an additional 70 years. After that, the work will enter the public domain and become available for use.

Trademarking lasts as long as the trademark holder uses the mark in ordinary commerce. You, the holder, must file a Section 8 declaration every 10 years from the registration date as proof that you’re still using the mark.

Rights & Protections Granted

As a trademark holder, you can use your mark exclusively. It also gives you the right to take legal action against anyone who uses a mark confusingly similar to yours.

As a copyright holder, you have the right to print, distribute, and perform the original work exclusively. You also have the right to publish and upload the work online.

The chart below summarizes the differences between a trademark and a copyright:

Which One Should Your Business Use?

Now that we’ve established the primary difference between a trademark and a copyright, which should your business use?

Registering a trademark would be best if you prioritize protecting your business’s brand identity. A trademark will prevent other businesses from using marks that look too similar to yours, which can cause confusion and even mislead potential customers.

However, getting a copyright would be more appropriate if you want to safeguard your original work. A copyright will protect your original work from being copied and exploited without your permission.

Can you use both trademark and copyright at the same time? Yes, you can. Together, trademarks and copyrights protect a business’s intellectual property, creating a robust shield against potential infringements.

However, since there are times when both trademark and copyright laws overlap, we highly recommend you speak to an expert before implementing this strategy. 

Secure Your Intellectual Property Rights Today

Protecting your original creations is a must in today’s highly competitive market. Intellectual property empowers your small business to differentiate itself from its competitors and gives it the fuel it needs to grow.

Your business could lose its competitive edge without a trademark or copyright protection. Other businesses could easily steal or copy your ideas in an instance. Using a trademark or a copyright will help you safeguard your business’s future.

Secure your intellectual property rights today with Inc. Authority’s help. Inc. Authority’s Trademark Registration Program is designed to help entrepreneurs like you register their trademarks quickly. 

We offer a 24-hour expedited e-filing and an expanded trademark search. Our trademark specialists will comb through the USPTO’s records, including all 50 states’ trademark databases, to ensure your branding materials are available. 

Don’t wait till someone uses your original creations. Contact Inc. Authority today and let us help you trademark your brand.