1. Introduction
If you’re launching a business, creating content, or developing products, you’ll need to protect your intellectual property. Two of the most common forms of protection are trademark and copyright. While both safeguard your work, they apply to different types of creations and purposes.
2. What Is a Trademark?
A trademark protects brand identifiers—names, logos, slogans, and symbols—that distinguish your products or services from others in the market.
- Examples: McDonald’s golden arches, Nike’s “Just Do It” slogan, the Coca-Cola logo.
- Purpose: Prevents others from using similar branding that could confuse consumers.
- Duration: Indefinite, as long as it’s renewed (every 10 years in the UK).
3. What Is Copyright?
Copyright protects original works of authorship, including literary, artistic, and musical creations.
- Examples: Books, website content, software code, photos, films, music.
- Purpose: Grants the creator exclusive rights to reproduce, distribute, and display their work.
- Duration: In the UK, usually the creator’s lifetime plus 70 years.
4. Key Differences Between Trademark and Copyright
- What They Protect:
- Trademark → Brand identity (names, logos, slogans).
- Copyright → Original creative works (text, art, media).
- How They’re Acquired:
- Trademark → Must be registered for full protection.
- Copyright → Automatic upon creation in tangible form (registration strengthens enforcement).
- Renewal:
- Trademark → Needs renewal every 10 years.
- Copyright → No renewal required during protection term.
5. Do You Need Trademark, Copyright, or Both?
- Trademark: If you want to protect your brand’s name, logo, or slogan.
- Copyright: If you’ve created original content like articles, videos, designs, or software.
- Both: If you have brand materials that include creative works—e.g., a logo design (copyright) that also represents your brand identity (trademark).
6. How to Register a Trademark or Copyright in the UK
Trademark:
- Search the UK Intellectual Property Office (UKIPO) database to check availability.
- Choose your trademark class.
- Apply via the UKIPO website.
Copyright:
- In the UK, copyright is automatic upon creation. However, you can use services to document ownership (e.g., copyright registration with relevant agencies) for stronger legal evidence.
7. Common Mistakes to Avoid
- Assuming company registration protects your brand name—it doesn’t.
- Using a logo or name without checking if it’s already trademarked.
- Forgetting to renew trademarks on time.
- Not documenting ownership of creative works for copyright disputes.
Frequently Asked Questions
Q1: Is my business name automatically protected?
No, you need to register it as a trademark for full protection.
Q2: Can I trademark a book title?
Only if it’s part of a series or brand—otherwise it’s usually protected by copyright.
Q3: Do I need a lawyer to register a trademark?
Not necessarily, but legal help can reduce the risk of errors.
Q4: Can I trademark a colour or sound?
Yes, in some cases, if it uniquely identifies your brand.
Q5: Can I copyright my business logo?
Yes, as an artistic work, but you should also trademark it for brand protection.
Q6: Does copyright protect ideas?
No, it only protects the expression of an idea, not the idea itself.
Conclusion
When deciding between trademark or copyright, consider what you’re protecting—your brand identity, creative work, or both. Many businesses use both forms of protection to secure their intellectual property fully and avoid costly disputes in the future.