What Is the Different Between a Trademark and a Copyright?

What you’ll discover:

What Exactly Are Trademarks?
What Exactly Is Copyright?
Which is better, trademark or copyright?

Knowing how to protect your intellectual property may be difficult at times, particularly when distinguishing between seemingly comparable categories of intellectual property, such as trademark and copyright. Both trademark and copyright are types of intellectual property protection, and each has benefits and restrictions. While the kind of objects that may be covered and the level of security you may anticipate may overlap, it is critical to understand the distinctions.

What Exactly Are Trademarks?

Trademarks, whether registered or not, are words, symbols, or designs that are used to symbolize and differentiate particular products or services on the market. Because of this wide definition, there are several alternatives for a trademark—companies have registered certain colors, fragrances, and even the form of a bottle (Coca-Cola). Since a trademark is context-dependent, things that are typically unsuitable for copyright may be trademarked. A nice example is the Apple trademark: Although an apple cannot be protected as a trademark, its artistic portrayal can—its usage as a symbol for an electronics and software firm can. Trademarks may be registered with the United States Patent and Trademark Office (USPTO), which adds weight to a legal claim, although a trademark can be protected even if it is not registered.

What Exactly Is Copyright?

Although copyright is similar to trademark in some aspects, its intended function is considerably different. Copyright protects the rights of the creator or present owner of an original piece of creation. Whoever owns the copyright has the exclusive right to duplicate the work, create derivative works, distribute it, or publicly perform it. Copyrights, like trademarks, may be registered—in this instance, with the US Copyright Office—but works are protected by copyright even if they are not.

Which is better, trademark or copyright?

Both trademark and copyright may be used to protect a company’s intellectual property, and the two may be used interchangeably. A distinctive logo, for example, commissioned from a graphic designer qualifies for both copyright and trademark protection. These two sets of laws vary and provide different advantages, but they are not mutually incompatible.