Creators must know when to use trademark vs. copyright. Trademarks and copyrights provide tools that creative businesses use to protect intellectual property and grow. Read this article to know the difference between the two and how to use them in your business.
Trademarks vs. Copyrights: learn what creative businesses must know about these fantastic legal tools.
Trademark vs. Copyright: They Are Not The Same Thing!
Some people use the terms trademark and copyright interchangeably. They make a mistake in doing so – trademarks and copyrights serve different purposes. As you will read, situations exist where businesses will use both trademarks and copyrights for the same thing, but to do this, one must know the difference of trademarks vs. copyrights.
What Are Copyrights?
Copyrights protect creative works such as books, photographs, and artwork. For copyright protection to work, a creator must create something tangible. That means that copyright law does not offer protection to ideas or other ephemera.
Copyright law helps creators when someone copies their work. This type of unlawful copying is called copyright infringement, and the court may impose severe penalties for it.
What Are Trademarks?
Trademarks protect creators’ brands. Trademarks ensure that a brand can identify a company’s goods or services. A strong brand allows a company to build brand loyalty and reputation. Brand loyalty and reputation often translate directly into growth!
Trademark infringement occurs when someone uses a brand that is too close to another brand. Having more than one brand confuses consumers and damages the reputation of companies. That’s why the law protects trademarks (and why social media companies help with trademark enforcement).
Trademark vs. Copyright: The Overlap You Should Know About
Most creative businesses use both trademarks and copyrights. Every company has a brand protected by trademark law. Innovative businesses create original works protected by copyright law. Part of the process of using these tools would be to understand what you can register as a copyright and what you can register as a trademark.
Know also that overlaps exist. For instance, businesses routinely seek both copyright and trademark protection for creative works that serve as a brand, such as logos. Talking with an attorney helps to make sense of these things.
Registration Process for Trademarks and Copyrights
Businesses register both copyrights and trademarks. Business owners face a more complex trademark registration process. While copyright registration may be easier, applicants must do it properly.
Trademark registration provides benefits to protect your brand. Copyright registration provides benefits to protect your creative works from being copied.
In both cases, getting legal advice on the uses of trademarks vs. copyrights from an attorney before beginning the process can help you avoid pitfalls that snare the unwary.
