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Copyright vs. Trademark: A Guide for Businesses Understanding the Difference

Writer's picture: Christian StovallChristian Stovall

When it comes to protecting your business's intellectual property (IP), copyright and trademark are two essential tools. While they both serve to safeguard your original works, they do so in distinct ways.


Deciding between trademark and copyright

Copyright

Copyright protects original works of authorship, including:

  • Literary works (books, articles, poems)

  • Musical works (songs, compositions)

  • Dramatic works (plays, screenplays)

  • Pantomimes and choreographic works

  • Pictorial, graphic, and sculptural works

  • Motion pictures and audiovisual works

  • Sound recordings

  • Architectural works   


Key Points About Copyright:

  • Automatic Protection: Copyright protection arises automatically upon creating an original work.

  • Author's Rights: The copyright owner generally has the exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the copyrighted material.

  • Limited Duration: Copyright protection lasts for a significant period, but it's not perpetual. In the United States, it typically lasts for the life of the author plus 70 years.


Trademark

A trademark is a symbol, word, phrase, design, or combination of these that identifies and distinguishes goods or services from those of others. Trademarks can be:

  • Word Marks: Examples include "Coca-Cola," "Nike," and "Apple."

  • Logo Marks: Examples include the iconic Nike swoosh, the McDonald's golden arches, and the Apple logo.

  • Slogan Marks: Examples include "Just Do It," "I'm Lovin' It," and "Think Different."


Key Points About Trademarks:

  • Registration: While trademarks can exist without registration, registration provides certain legal advantages, such as nationwide protection and the right to use the ® symbol.

  • Indefinite Duration: Trademark protection can last indefinitely as long as the mark remains in use and is not abandoned.

  • Likelihood of Confusion: To register a trademark, it must be distinctive and not likely to cause confusion with existing marks.


Which is Better for Your Business?

The choice between copyright and trademark depends on the nature of your intellectual property. Here's a breakdown:


Copyright is ideal for:

  • Creative Works: Copyright is the appropriate protection for original content such as books, articles, music, or software.

  • Functional Works: While copyright doesn't protect a work's purely functional aspects, it can protect its expressive elements.


Trademark is ideal for:

  • Brand Identity: A trademark is a way to protect your business name, logo, slogan, or other brand identifiers.

  • Distinguishing Goods or Services: Trademarks help consumers recognize and differentiate your products or services from competitors.


In Many Cases, Both Are Necessary

Often, a business will need both copyright and trademark protection. For example, a software company might copyright the source code and trademark the software name and logo.


Additional Considerations

  • International Protection: If you plan to do business internationally, you may need to register your copyright or trademark in other countries.

  • Enforcement: Both copyright and trademark infringement can be costly. It's important to take steps to prevent infringement and be prepared to enforce your rights if necessary.


Conclusion

Copyright and trademark are essential tools for protecting your business's intellectual property. By understanding the differences between the two and choosing the appropriate protection for your specific needs, you can safeguard your valuable assets and build a successful business.


Are you looking for guidance with your business? Contact our skilled experts at JW Zepeda Law Firm and find the best solutions for your needs.

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