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Copyright protects artistic works such as writing and music, while trademark protects a brand or logo used in commercial applications. Registering a trademark ensures legal documentation of ownership.
The difference between copyright and trademark is simple, although the terms are often used interchangeably and this can make the distinction a little blurry in common usage. A copyright is a type of intellectual property protection that covers works of art and the like. This includes writing, illustration, music, film and any other artistic expression of ideas or concepts. A trademark protects a brand or logo that is used in a commercial application to distinguish one company from another.
One of the simplest ways to distinguish between copyright and trademark, and to identify which is appropriate at any given time, is to consider the type of intellectual property protected. If it’s a work of art, chances are it will be protected by copyright. On the other hand, if something has the name or symbol associated with a business, then it will likely be trademarked to protect it. These are both forms of legal protections and are usually granted by national governments, with many countries honoring and observing such protections granted by another nation.
The difference between copyright and trademark is characterized by the separation between artistic works and commercial activities. While there may be some apparent overlap in this type of categorization, the separation is often quite clear. For example, a book written by an author is copyrighted as the intellectual property of that author. When the book is published by a company, it also gets some copyright protection for that work because it has purchased the rights to, or at least to publish, the work from the author.
This is where the difference between copyright and trademark can become quite clear. That publisher’s name and the logo it uses professionally are trademarked. A company typically applies for trademark protection from a national government. Once protection is granted, you may use appropriate trademark to designate your name and other identifiers as a trademark.
Nike®, for example, is a company that has registered its name as a trademark. This means that the ® symbol is used to indicate the company name as a registered trademark, rather than the symbol which indicates an unregistered trademark. Likewise, the “swoosh” symbol often associated with Nike® is also protected by a trademark.
Both a copyright and a trademark are legally observed and protected, although it can sometimes be difficult to prove the existence of both. Technically, as soon as someone decides on a name for a company or creates a logo for a company, that name or image is protected as a trademark. Registering your name or logo, however, ensures that your brand can be supported by establishing legal documentation of when it was created. If not, another company may claim to have had the trademark first, and it can be quite difficult to establish ownership if neither company has registered the trademark.
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