Difference between copyright and trademark

Copyright and trademark are two different forms of intellectual property protection that can help individuals and businesses protect their creative works and business names, logos, and slogans. While both offer legal protections for intellectual property, they differ in terms of what they protect, how they are obtained, and how long they last. In this article, we will explore the differences between copyright and trademark.

Copyright

Copyright is a legal right that protects the original expression of ideas, such as literary, artistic, musical, and dramatic works. Examples of works that can be protected by copyright include books, songs, movies, photographs, and software code. Copyright gives the owner the exclusive right to reproduce, distribute, display, and perform the copyrighted work, as well as to create derivative works based on the original.

Copyright protection is automatic and starts as soon as a work is created in a fixed form, such as a written manuscript or a recorded song. There is no need to register a work for copyright protection, although registration can provide additional benefits, such as the ability to sue for copyright infringement and to recover damages.

Copyright protection lasts for a limited time, usually the lifetime of the creator plus 70 years after their death. After this time, the work enters the public domain and can be used by anyone without permission or payment.

Trademark

Trademark is a legal right that protects words, names, symbols, and logos that are used to identify and distinguish the goods or services of one business from those of another. Trademarks can include brand names, logos, slogans, and even specific product designs. A trademark owner has the exclusive right to use the trademark in connection with their products or services, and to prevent others from using a similar mark that could cause confusion among consumers.

Trademark protection is obtained through registration with the United States Patent and Trademark Office (USPTO), which examines the application to ensure that the mark is distinctive and not too similar to existing trademarks. Once registered, a trademark can be used to prevent others from using a similar mark in the same industry or market.

Trademark protection can last indefinitely, as long as the trademark owner continues to use the mark in commerce and renew the registration every 10 years. Unlike copyright, trademark protection does not expire automatically, although it can be lost if the owner fails to use the mark or enforce their rights against infringers.

The Differences

Differences between Copyright and Trademark

1. What is protected

Copyright protects original creative works, such as books, songs, and movies, while trademark protects words, names, symbols, and logos used to identify and distinguish goods or services in the marketplace.

1. How protection is obtained

Copyright protection is automatic and starts as soon as a work is created in a fixed form, while trademark protection is obtained through registration with the USPTO.

1. Duration of protection

Copyright protection lasts for the lifetime of the creator plus 70 years after their death, while trademark protection can last indefinitely as long as the mark is used in commerce and the registration is renewed.

1. Scope of protection

Copyright protection gives the owner the exclusive right to reproduce, distribute, display, and perform the copyrighted work, as well as to create derivative works based on the original. Trademark protection gives the owner the exclusive right to use the trademark in connection with their products or services, and to prevent others from using a similar mark that could cause confusion among consumers.

1. Enforcement of rights

Copyright infringement can be enforced through legal action, such as a lawsuit for damages or an injunction to stop the infringing use. Trademark infringement can also be enforced through legal action, but trademark owners can also use cease and desist letters or other non-legal methods to protect their mark.

Examples

To illustrate the differences between copyright and trademark, let us consider two examples:

• Example 1: A musician writes and records a song titled "Beautiful Day." The lyrics and melody of the song are protected by copyright, which means that the musician has the exclusive right to reproduce, distribute, and perform the song, as well as to create derivative works based on it. Anyone who wants to use the song in a commercial context, such as in a movie or a television show, would need to obtain permission from the copyright owner or license the song through a music licensing agency.
• Example 2: A company named Apple creates a logo featuring a bitten apple with a leaf on top. The logo is registered as a trademark with the USPTO, which gives Apple the exclusive right to use the logo in connection with their products and to prevent others from using a similar logo that could cause confusion among consumers. If another company were to use a similar logo, such as a bitten pear with a leaf on top, Apple could take legal action to protect their trademark.

Conclusion

In summary, copyright and trademark are two forms of intellectual property protection that offer legal rights to creators and business owners. Copyright protects original creative works, while trademark protects words, names, symbols, and logos used to identify and distinguish goods or services in the marketplace. Copyright protection is automatic and lasts for a limited time, while trademark protection is obtained through registration and can last indefinitely as long as the mark is used in commerce and the registration is renewed. Both forms of protection can be enforced through legal action or other means, depending on the circumstances. Understanding the differences between copyright and trademark is important for anyone who wants to protect their intellectual property and avoid infringing on the rights of others.