Trademark vs Copyright: A Guide to Intellectual Property Essentials

Trademark FAQ's

Oct 10

This blog is a part of my Ultimate Guide to Trademarks. Check it out for more info!

If there’s one mistake I repeatedly hear within my intellectual property practice, it’s the misuse of the terms “trademark” and “copyright.” I can no longer count the times business owners ask me to help them copyright their brand names or trademark their digital courses. The misunderstanding is real, and if you are launching (or already own) a business, it is important you know the differences between trademarks vs copyrights. Both serve essential functions, but they protect distinct types of intellectual assets. This blog post will delve deep into the differences between trademark and copyright, shedding light on each and helping you make informed decisions about your business’s intellectual property needs.

Trademark: Safeguarding Your Brand

A trademark primarily protects brand elements that identify the source of goods or services. This includes business names, logos, slogans, unique product packaging elements, and even sounds and colors. Contrary to popular misconceptions, you can’t copyright a business name; that is a trademark’s job! When consumers see a brand name or logo, they immediately associate it with a specific company or product.

We all know that you’ll find delicious burgers and fries wherever you see the McDonald’s Golden Arches. Starbucks? Delicious coffee. If you see the slogan “Just Do It,” Nike immediately comes to mind, and the color Tiffany Blue will forever be synonymous with beautiful jewelry. These are strong, distinct trademarks; every business owner must aspire to create such iconic brands.

Trademarks ensure that the association between a mark and the goods or services sold in connection with that mark remains exclusive, preventing other businesses from using a similar name that could cause confusion in the marketplace.

Copyright: Protecting Creative Endeavors

On the other hand, copyright revolves around safeguarding creative works. This encompasses a broad range of outputs, from musical compositions and novels to paintings and website designs. Unlike a trademark, a copyright is automatically granted once a creative work comes into existence. This means that as soon as you write a song or pen a novel, copyright protections inherently cover it. There is, however, an important distinction to note: while copyright attaches immediately to creative works, to bring forth a lawsuit against any infringers, you must have that copyright registered with the US Copyright Office. This registration solidifies your claim to the work, providing a stronger legal foothold if disputes arise. For prolific creators, like bloggers who publish frequently, registering every piece can be tedious. But if infringement occurs, securing a registration becomes a critical step to legal recourse.

What else can you copyright? Your online course, YouTube videos, photographs and even your speeches and brochures. If you create something affixed to a tangible medium, you can protect it.

How Does Patent Fit In?

While the focus of this post is on trademark vs copyright, it’s worth mentioning patents for a holistic understanding. Patents shield inventions. Take the iPhone, for instance. While we associate its logo and name with Apple due to trademark rights, the actual technology, mechanics, and innovative processes within the device are guarded by patents. Think of patents as protective measures for tangible innovations, covering areas like engineering, technological advancements, and unique product functionalities.