1. What Is a Trademark?
A trademark is a sign capable of distinguishing the goods or services of one business from another. It can be:
- A brand name
- A logo
- A slogan
- A symbol or even a sound
In the UK, trademarks are registered with the UK Intellectual Property Office (UKIPO) and give the owner exclusive rights to use the mark in commerce.
2. What Is Copyright?
Copyright protects original creative works, such as:
- Literature
- Music
- Art and photographs
- Films and videos
- Software code
Copyright is automatic upon creation and does not require registration in the UK. It gives the creator exclusive rights to use, reproduce, and distribute their work.
3. What They Protect
- Trademark protects brand identifiers used in trade and business.
- Copyright protects creative or artistic expressions.
4. Key Differences at a Glance
| Feature | Trademark | Copyright |
|---|---|---|
| Protects | Brand names, logos, slogans | Creative works (texts, art, music) |
| Registration | Required (UKIPO) | Not required (automatic) |
| Duration | 10 years, renewable indefinitely | Life of creator + 70 years |
| Scope | Business and commerce | Literary, artistic, musical works |
| Use | Differentiates products/services | Controls use and reproduction |
5. Examples of Trademark Use
- The Nike “Swoosh” logo
- The word “Coca-Cola” and its stylized font
- McDonald’s “I’m Lovin’ It” jingle
These symbols represent brands in the marketplace and help consumers identify origin and quality.
6. Examples of Copyright Use
- A novel by J.K. Rowling
- A music composition by Adele
- A YouTube video or blog post
These works are protected automatically from the moment they are created and fixed in a tangible form.
7. How to Register a Trademark in the UK
To register a trademark:
- Apply online at the UKIPO
- Choose the right class of goods/services
- Pay a fee (starts from £170)
- Wait for examination and publication (takes about 4 months)
Once approved, your trademark gives you exclusive use and legal protection against infringement.
8. When Copyright Applies Automatically
Copyright doesn’t need formal registration in the UK. It applies as soon as:
- The work is original
- It is recorded or written down (not just an idea)
You don’t need to file anything, but keeping records of your creation date can help in disputes.
9. Enforcement and Infringement
- Trademark infringement occurs when someone uses a similar mark that may confuse consumers. Legal action can stop the use and claim damages.
- Copyright infringement happens when someone copies, uses, or distributes your work without permission.
Both forms of protection allow legal recourse, but processes differ.
10. Can You Have Both Trademark and Copyright?
Yes. For example:
- A logo can be trademarked for brand identity and copyrighted as a graphic design.
- A brand’s jingle may be trademarked as a sound mark and also protected by copyright as music.
This dual protection ensures broader security over your intellectual property.
Frequently Asked Questions
Is a logo protected by trademark or copyright?
A logo can be protected by both. Copyright protects the design, while a trademark protects it as a brand symbol.
Do I need to register my copyright in the UK?
No, copyright is automatic upon creation. You don’t need to register it.
How long does a UK trademark last?
It lasts 10 years from the registration date and can be renewed indefinitely.
Can two companies use the same trademark?
Not in the same class or market. Trademarks are specific to product/service categories to avoid consumer confusion.
What happens if someone copies my work?
If copyrighted or trademarked, you can issue a cease and desist, seek compensation, or take legal action for infringement.
Can I trademark a book title or character?
You can trademark a title or character if they are used for branding (e.g., Harry Potter merchandise), but not the book’s content itself.
Conclusion
Understanding the difference between trademark and copyright is essential for protecting your creative and business assets in the UK. While copyright safeguards your original work automatically, trademarks protect your brand and require registration. By knowing when and how to use both, you ensure that your intellectual property remains secure and enforceable.