What is the Difference Between a Trademark and a Copyright?

Trademarks and copyrights are very similar, and are often time confusing because they both protect intellectual property. However, the key difference between a trademark and copyright is the kind of intellectual property they protect.

A federal copyright protects literary and artistic works such as, but not limited to books, videos, or photographs. A trademark protects the things that defines a business’ brand such as but not limited to the name, logo, or slogan. Depending on the kind of business that you have, you could potentially obtain a trademark and a copyright for your intellectual property. For instance, if you are an author you could file a trademark application for the title of a book series that you’re working on, and you could file a copyright application for your books.

Registering Your Trademark or Copyright 

Both trademarks and copyrights must be registered to receive legal protection and prevent someone from duplicating your work. Trademarks are registered with the United States Patent and Trademark Office, and copyrights are registered with the United States Copyright Office. Prior to submitting an application for registration of either a trademark or copyright, you want to ensure that the trademark or copyright is not already in use by someone else.  

For assistance with determining if a trademark or copyright is best for your business, contact us for more information. We would love to talk to you about your business, to help save you money, time, and legal complications.