1. Understanding Intellectual Property in the UK
Intellectual property (IP) protects creations of the mind, such as inventions, designs, brand names, and artistic works. In the UK, copyright and trademark are two of the most common forms of protection, but they cover different things.
2. What is Copyright?
Copyright protects original creative works, giving the creator exclusive rights to use, reproduce, and distribute them.
Examples of what copyright covers in the UK:
- Books, articles, and blogs.
- Music, lyrics, and recordings.
- Films and videos.
- Software code.
- Artwork and photographs.
Key Points:
- Automatic protection — no registration needed in the UK.
- Lasts for the life of the creator plus 70 years.
- Infringement occurs when someone uses the work without permission.
3. What is a Trademark?
A trademark protects names, logos, slogans, or other brand identifiers that distinguish your goods or services from others.
Examples of what trademarks cover in the UK:
- Brand names (e.g., “Tesco”).
- Logos (e.g., Nike swoosh).
- Taglines (e.g., “Just Do It”).
- Product packaging designs.
Key Points:
- Must be registered with the UK Intellectual Property Office (IPO) for full protection.
- Valid for 10 years but renewable indefinitely.
- Infringement occurs when a similar mark causes confusion in the marketplace.
4. Copyright vs Trademark UK: Key Differences
| Feature | Copyright | Trademark |
|---|---|---|
| Purpose | Protects creative works | Protects brand identity |
| Registration | Automatic | Requires registration (for strongest protection) |
| Examples | Books, music, art, software | Names, logos, slogans |
| Duration | Life of creator + 70 years | 10 years, renewable |
| Protection Scope | Prevents copying or reproduction | Prevents use of similar marks in trade |
5. When Do You Need Both?
Sometimes businesses need both copyright and trademark protections. For example:
- A company logo can be copyrighted (as artwork) and trademarked (as a brand identifier).
- A jingle can be copyrighted (as music) and trademarked (as a brand asset).
6. How to Protect Your Work in the UK
For Copyright:
- Keep original files, drafts, and proof of creation date.
- Consider using a copyright notice (e.g., © 2025 Your Name).
For Trademark:
- Search the UK IPO database to ensure your name/logo isn’t already registered.
- Apply online through the UK Intellectual Property Office.
- Consider professional advice for complex registrations.
Frequently Asked Questions
Do I need to register copyright in the UK?
No, it’s automatic upon creation of the work.
Can I trademark a song or book title?
Only if it’s used as a brand or product name, not just as a creative work.
Can I lose my trademark?
Yes, if you don’t use it for five years or fail to renew it.
What happens if someone infringes my IP?
You can send a cease-and-desist letter or take legal action.
Does copyright protect ideas?
No, only the expression of the idea in a tangible form.
How much does it cost to trademark in the UK?
From £170 for one class of goods or services.
Conclusion
When looking at copyright vs trademark UK, the main difference is that copyright protects creative works, while trademarks protect brand identifiers. Many businesses benefit from using both to safeguard their intellectual property and maintain a competitive advantage.