What is the difference between a trademark and a copyright, and which one should I use to protect my business's intellectual property?
A trademark and a copyright differ in their protection of intellectual property. A trademark is a recognizable sign, design, or expression that identifies and distinguishes the source of products or services from those of others. A copyright, on the other hand, is a legal right granted to the creator of an original work to protect their artistic and literary works, such as books, music, and films.
Trademarks protect brands, logos, and slogans used to identify products or services, while copyrights protect original works of authorship, including literary, dramatic, musical, and artistic works. Both trademarks and copyrights allow their owners to prevent others from using their intellectual property without permission.
To protect your business's intellectual property, it is best to use both trademarks and copyrights. Registering your trademarks and copyrights with the relevant government agencies can provide legal protection, making it easier to pursue legal action against infringers.
Limitations to trademark and copyright protection may include fair use, which allows for limited use of copyrighted material without permission for purposes of commentary, criticism, news reporting, teaching, scholarship, or research. Additionally, the use of word marks, logos, and slogans may be limited if they are too similar to an existing trademarked or copyrighted material.
If you have concerns about your business's intellectual property, seek the advice of a licensed attorney who specializes in intellectual property law. They can help you register your trademarks and copyrights and protect your intellectual property from infringement.