A trademark is a symbol, name, or design that is used to identify and distinguish the products or services of one company from those of another. It can be a word, phrase, logo, or even a scent! A copyright is a form of protection granted by the law to the author or creator of original work such as a book, song, painting etc. The copyright owner has exclusive rights to reproduce and distribute the work. So there you have it-the key differences between trademarks and copyrights!
What is a trademark
A trademark is a symbol, name, or design that is used to identify and distinguish the products or services of one company from those of another. It can be a word, phrase, logo, or even a scent! A trademark is registered with the United States Patent and Trademark Office (USPTO) and is granted exclusive rights to use that mark on or in connection with the products or services it represents. This can help to protect the company’s brand and deter others from using a similar mark.
There are three main types of trademarks:
1. Registrable marks-these are marks that can be registered with the USPTO. They must be unique and not too similar to any other registered marks.
2. Descriptive marks-when used in connection with any goods or services, these marks may be refused registration because they are deemed to simply describe the product rather than to identify it.
3. Generic marks-these cannot be registered and should not use the trademark symbols (® or ™). They include words such as “Lite Beer” and “Computer Repair.”
How is trademark different to copyright
A copyright is a legal protection that is given to the author or creator of original work, such as a book, song, painting, or other creative works. The creator of an original work has exclusive rights to reproduce, distribute, perform and display the work.
While both trademarks and copyrights offer legal protection for creators, there are some key differences between the two. A trademark is registered with the USPTO and is granted exclusive rights to use that mark on or in connection with the products or services it represents. This can help to protect the company’s brand and deter others from using a similar mark. Copyright, on the other hand, is automatically granted to original works as soon as they are created.
Which one to use
When it comes to protecting your brand and preventing others from using a similar mark, a trademark is a much stronger option than copyright. A trademark is registered with the USPTO and is granted exclusive rights to use that mark on or in connection with the products or services it represents. This can help to protect the company’s brand and deter others from using a similar mark. Copyright, on the other hand, is automatically granted to original works as soon as they are created. While both offer legal protection for creators, a trademark is a much more powerful tool for protecting your brand.
Examples
Some well-known trademarks include the Nike swoosh, the Apple logo, and the golden arches of McDonald’s. These symbols have become so associated with these companies that they are considered to be some of the most valuable assets that they own.
Some famous copyrighted works include J.K. Rowling’s Harry Potter series, Disney’s Frozen, and Stephen King’s The Shining. These works have been widely reproduced and distributed, making them some of the most lucrative copyrights in existence.
Find out more about the difference between a Trademark and Copyright