Are Trademarks and Copyright the same thing?

December 9, 2021

Are Trademark and Copyright the same thing?

Is your business a branded entity? Do you produce original assets and materials for your company?

If your answer is yes, then there is a possibility that you have considered a trademark application and how you can safeguard your intellectual property.

Furthermore, you may want to know the many differences between trademark and copyright.

For instance, you might be wondering what will happen if someone else uses your company logo or name without your approval to sell their products or services. How is this going to impact your business?

This blog talks about the differences between trademark and copyright and help you decide which of the two applies to your brand and how you can ensure that your intellectual property is safe.

What is the difference between trademark and copyright?

Copyright and trademark are various methods that you can use to protect your intellectual property.  Intellectual property rights are intangible assets like inventions, artistic and literary works, symbols, images, and names used in commerce.

Intellectual property in the business world can be any business idea, process, or works built by leveraging the business idea. It goes beyond the business idea.

In many parts of the world, patents, copyright, and trademarks are tools used to protect your intellectual property legally.

Copyright and trademark

Copyright and trademark protect intellectual properties; however, their protection covers different assets and doesn’t have the same registration requirements.

What does copyright protect?

Copyright is a way of protecting your intellectual property, which includes original works, and applies as soon as you create those works.

Copyright protection covers literary works, dramatic, artistic, and musical works, including;

  • Novels
  • Architecture
  • Art
  • Poetry
  • Movies
  • Music
  • Computer software
  • Research
  • Video and Audio materials
  • Other types of original writing

 

Please note that, as long as your original work is well-preserved in some form, it will enjoy copyright protection once created and does not require registration with the Trademarks Office.

How to use copyright protection?

Copyright protection automatically attaches to your original work once you created it.

However, there are other measures you can use to ensure that nobody can use your work without your permission.

Here are some measures you can use to stop copyright infringers from stealing your work

Creative commons

You can leverage creative commons copyright license to mark your intellectual works, and it is free.

Mark your work

It would help if you properly marked your work or sign it with a watermark to indicate a direct relationship between the intellectual creation and your business.

Use the copyright symbol

It would be best to use the © symbol to signify that your intellectual property is under copyright protection.

What does a trademark protect?

Trademark is a way of protecting your intellectual property, which includes phrases, designs, words or any combination thereof that identifies your brand from those of others.

Trademark protection covers;

  • Logos
  • Slogans
  • Brand names
  • Business names

 

You can and should apply trademark protection for just about anything used to brand a business or that helps to identify a service or a product. Trademarks protect more than just your brand, they protect your reputation.

How to use trademark protection?

Before you begin your trademark registration process in Canada or the United States, you need to conduct a trademark search to ensure that no other trademark exists that is identical or so similar to cause confusion.

While an individual is permitted to apply for a trademark on their own, the process can be complex.  Most trademark offices will encourage the help of a Registered Trademark Agent.  Trademark Depot (TMD) can help with all aspects of your trademarking needs.

At TMD, we have registered trademark agents, professional lawyers and paralegals who have come together to ensure that your intellectual property is secured.

With over 20 years of experience in trademarking we want to make sure that you have all of the information you require to move forward.  The best decision is an informed decision.

The Bottom Line

If you’re thinking of protecting your brand or have any questions about the process, Trademark Depot (TMD) is here to help you.

 

 

 

 

 

Written by

Jamie Bashtanyk

CEO/Trademark Agent

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