Difference between a copyright and a trademark
The difference is fairly simple when we talk about words. Trademarks cover separate words and sentences and copyright covers long texts. What can be copyrighted normally can’t be trademarked and vice versa. But this applies only to the word parts, when we come to protecting logos, everything is quite different.
A logo can be protected by copyright and trademark at the same time!
How to avoid the confusion and get an optimal protection for your trademark/logo?
Keep on reading!
Used to cover names of products/services
Used to cover literary and artistic works
Many different things: songs, books, stories, music, pictures, photos, programs, maps, etc. The creation must be sufficiently big (you can’t cover a few words by copyright) and be sufficiently distinctive.
Copyright does not cover separate words, titles, slogans, and some logos.
You will have 2 types of rights:
You and only you can allow others to reproduce, record, broadcast and translate your creation.
When you plan to use your brand in commerce, in association with actual products or services, the brand needs protection. This protection is obtained by filing a trademark.
This is not free, but this is the only way. A trademark can be a word, title, slogan, or logo. Trademark can’t protect long portions of texts and usually do not protect songs, music, and photos.
So, let's dive deeper into the comparison copyright vs trademark. The main right is to use the trademarked word or logo exclusively in association with the products or service you want to cover. That’s right, others can’t produce similar goods with a similar name.
Let that sink in for a moment.
There is a simple test to determine if you need a trademark or copyright. When you plan to sell your products or services, you should get a trademark. Plan to write a new book? You will need a copyright.
Trademarks are always registered in association with some product or service. They can’t exist without it, they must cover some specific group of goods. There can be a trademark for water, for cars, for banks, but there can’t be a trademark on its own.
So when you plan to sell a particular product - get a trademark.
That’s a tricky question. In some cases, you will need a trademark AND copyright. You don’t need the mark to cover the name of the book as such, but you might need it if you decide to sell branded products. For example, HARRY POTTER is trademarked and all the books are copyrighted. Star Wars is a trademark and all the films are copyrighted.
But these brands are protected in association with some particular services and products. They are registered for T-shirts, toys, theme parks, apparel, food, etc. They do not exist on their own.
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