1. What Is a Trademark?
A trademark is a sign used to identify and distinguish the goods or services of one business from another. It can be a logo, brand name, slogan, colour scheme, or even a sound. Trademarks help build brand recognition and prevent others from using similar marks.
Examples:
- Nike’s “swoosh” logo
- McDonald’s name and golden arches
- A unique packaging design
Trademarks must be registered with the UK Intellectual Property Office (UKIPO) to gain full legal protection.
2. What Is Copyright?
Copyright protects original works of authorship, such as literary, artistic, musical, or digital content. It applies automatically when the work is created and doesn’t require registration in the UK.
Examples:
- Books and articles
- Website content and software code
- Logos (if artistic in design)
- Photographs and videos
Copyright protects the expression of ideas, not the ideas themselves.
3. What Does Each Protect?
- Trademark protects brand identity (names, logos, slogans).
- Copyright protects creative expressions (texts, artworks, recordings).
If you design a brand logo, copyright protects the image as an artwork, while trademark protects its use as a brand identifier.
4. How Long Does Protection Last?
- Trademark: Indefinite, as long as it is renewed every 10 years.
- Copyright: Lasts for the creator’s lifetime plus 70 years after death (varies for certain types of work).
So, trademarks can last forever with renewal, while copyright has a fixed term.
5. Registration Requirements
- Trademark: Must be registered through the UKIPO and approved based on uniqueness and distinctiveness.
- Copyright: Automatic protection from the moment of creation—no need to register, though proof of authorship is essential.
You can optionally register your copyright for evidence purposes, but it’s not a legal requirement.
6. Enforcement of Rights
- Trademark owners can sue others for infringement if someone uses a similar mark without permission.
- Copyright holders can take legal action if their content is reproduced, distributed, or adapted without consent.
Trademark disputes often relate to confusion in the market, while copyright disputes involve unauthorised copying or use of creative work.
7. Which One Do You Need?
- Use trademark if you’re branding a product or service.
- Use copyright if you’re producing content, media, or creative assets.
Many businesses use both. For example, a clothing brand might trademark its name and logo, while also owning copyright in its marketing photos and website content.
Frequently Asked Questions
Can something be both trademarked and copyrighted?
Yes. A logo, for instance, can be protected as a copyright work and as a registered trademark.
Do I need to register copyright in the UK?
No, copyright arises automatically. But keeping dated records and drafts helps prove authorship.
Can I trademark my business name?
Yes, if it’s distinctive and not too generic. It must also not conflict with existing trademarks.
How do I check if a trademark is already taken?
Use the UKIPO’s online trademark search tool to check existing registrations.
Can I sell or license copyright and trademarks?
Yes, both can be transferred or licensed to others under legal agreements.
What happens if someone infringes my trademark or copyright?
You can send a cease-and-desist letter, negotiate a resolution, or pursue legal action for damages or injunctions.
Conclusion
Understanding trademark vs copyright is crucial for protecting your business assets. Trademarks guard your brand identity, while copyright secures your creative works. By knowing the difference and using both when appropriate, UK businesses can safeguard their intellectual property and gain a competitive edge.
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