1. What Is a Trademark
A trademark is a type of intellectual property that protects elements that distinguish your brand from others. This includes:
- Business names
- Logos and symbols
- Taglines or slogans
- Product names
Registering a trademark gives you exclusive rights to use these brand identifiers and helps prevent competitors from using something too similar.
2. What Is Copyright
Copyright protects original creative works from being copied or used without permission. Examples of copyrightable works include:
- Books, articles, and website content
- Music, films, and videos
- Artwork, photos, and illustrations
- Software code
Copyright protection is automatic when a work is created and fixed in a tangible format (e.g., written, recorded, published).
3. Key Differences Between Trademark and Copyright
- Purpose:
- Trademark protects brand identity (names, logos, symbols).
- Copyright protects creative works (text, music, art).
- Registration:
- Trademark must usually be registered to enforce exclusive rights (UK IPO).
- Copyright exists automatically but can be registered for stronger legal protection.
- Duration:
- Trademarks can last indefinitely as long as they are renewed and used in commerce.
- Copyright generally lasts the creator’s lifetime plus 70 years in the UK.
- Usage:
- Trademarks identify and distinguish businesses or products.
- Copyright covers how original creative works can be used or reproduced.
4. When You Need Both
Many businesses benefit from both protections. For example:
- Trademark your logo and business name.
- Copyright your website content, product images, and marketing materials.
Frequently Asked Questions
Do I need to register a trademark and copyright separately?
Yes, because they cover different things. A trademark registration won’t automatically protect your creative works.
Can a logo be both copyrighted and trademarked?
Yes, the artistic design is protected by copyright, and the logo as a brand identifier can be trademarked.
Which is more important for a business?
Both are important — trademarks protect your brand identity, while copyright protects your creative assets.
Conclusion
The difference between trademark and copyright lies in what they protect: trademarks safeguard brand identity, while copyright protects creative works. Using both ensures your business name, logo, and content are fully protected from misuse.