Trademarks vs Copyrights
The number one question many individuals and small businesses struggle with are whether they should file a trademark or a copyright. The key to knowing which intellectual property protection is right for your business is to understand the important differences between both options to ensure you are protecting your brand to the fullest extent possible.
A Copyright protects the original work of an author in a specific medium. This includes but is not limited to novels, music, movies, photographs, paintings, user guides, game cards and websites that are original and exist in a tangible medium. An example of a tangible medium can include paper or a digital format. Unliked a trademark a work is automatically copyrighted at the time of creation, however registration with the Library of Congress is required to allow an individual or business to protect the copyright in a court of law.
A Trademark is defined by the United States Trademark and Patent Office (USPTO) as any word, phrase , symbol, design or combination that identifies your goods or services, that distinguishes them from the goods or services of others. A trademark is protected by filing an application with the USPTO. The process can take anywhere from nine to eighteen months to complete the Trademark registration process with the USPTO.
Key Differences Between Copyrights and Trademarks
A trademark is geared towards protecting a company brand, while a copyright is geared toward protecting literacy and artistic works. A trademark should be used by businesses of all sizes to protect your name, logo, goods and services. It is important to conduct a Trademark search prior to selecting the name of your business or product to ensure you are not infringing on someone else’s rights. A copyright is important for an artist when publishing a book, creating a painting or writing a song. A copyright prevents a business or individual from copying and/or reproducing your work. A trademark protects your brand identity and business name.
Which Does your Business Need
When deciding on which intellectual property to use or is needed, you must look at what you are trying to protect. Are you trying to protect your business brand and build an identity in the industry. If so, a Trademark may be your proper choice of IP. Are you protecting your original creation such as a new novel you wrote? Then a copyright would be recommended. Both rights may be important to your business and the best way to ensure you are filing for the proper intellectual property right is to discuss it with a trained attorney or service provider in the industry.
For questions on which intellectual property is best for you and your work, product or business contact Make Your Trademark, LLC to consult with one of Make Your Trademark’s intellectual property attorneys.