Copyright vs. Trademark

Article by Joli Ballew (21,985 pts ) , published Sep 13, 2009

Copyrights and trademarks both protect intellectual property belonging to a person or company, but they serve different purposes and protect different things.

The Purpose of Copyright and Trademark Protection

The purpose of a copyright or trademark (or patent, for that matter) is to protect intellectual property. Intellectual property is a term used to describe diverse creations people craft, fashion, form, or imagine (and write down), including works of art, logos, images, and literary and artistic creations.

The Difference Between a Copyright and a Trademark

It’s important to distinguish between copyrights and trademarks, so that you can select the right option for you.

copyrightCopyrights protect and are granted to individuals (or groups of individuals) who create something new and unique, such as a book, song, or artistic work of art. Web pages, research papers, poems, and photographs can be copyrighted as well. A copyright can only be applied to an original work of creative expression. You cannot obtain a copyright for an idea, method, a non-unique lists of items, the alphabet, or any other work that you yourself did not create.

Trademarks are not unique, never-before-thought-of works of expressions. Trademarks are words, names, symbols, logos, and the like that are used by companies to distinguish their brand. While a Trademark does protect a brand though, it does not protect another person from creating the same product (only a patent can protect that). You may want to refer to The Difference Between a Patent and a Trademark if you aren't sure.

Copyright vs. Trademark

Important points to remember:

  • Copyrights protect the authors and creators of tangible, original works of art. The work can be copied, reproduced, and/or held in ones hands. Trademarks most often protect a company name, logo, or brand, which are most often stamped or printed on the product or product packaging to identify the product.
  • Copyrights protect and are granted for original works of art, like sculptures and books. Trademarks protect and are granted for logos, slogans, and short phrases (even if they are common ones).
  • Copyright protection requires a small fee and is processed quickly. There are several steps to obtaining a copyright, see The Steps Involved in Applying for a Copyright. Trademark protection costs more and takes more time to process.
  • There is software to assist you in obtaining your copyright, one is Webweaver’s Copyright Generator.
 
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