Copyright vs. Trademark Law | John Brewer | Product Liability

3 min readSep 20, 2022

If your business is a brand, you might consider protecting your intellectual property. If you create original assets for your company, then you might be looking into copyright or a trademark.

Aside from generating revenue, brand identity and intellectual property are also important factors that businesses consider when it comes to operating. For instance, how will this affect your business if someone wants to use your company’s name and logo without your permission?

With the protection of intellectual property, you can prevent unauthorized use of your brand and prevent others from doing so. In this guide, we’ll talk about the difference between a copyright and a trademark and how they can be used to protect your intellectual property.

The Differences

Both copyright and a trademark are forms of intellectual property that can be used to protect different creations of the mind, such as images and drawings used in commerce.

This can cover the various forms of intellectual property that businesses can use to protect their ideas and the processes and works they create. In the U.S., patents and copyrights are commonly used to protect intellectual property.

Although both types of intellectual property can be used to protect different types of assets, the registration requirements for trademarks and copyright vary.

Copyright can protect literary and artistic works, such as videos and books, and it’s automatically generated upon the creation of the work. On the other hand, a trademark must be registered with the government to protect certain items, such as a company logo.

Copyright

A copyright is a type of intellectual property that can be used to protect the original works produced. It can be used to protect artistic and literary works, such as books and videos.

Works in the public domain, which means works published before 1923, can’t be reused or patented. This applies to works that were either forfeited, waived, or expired. In the U.S., this refers to works that were published before 1923.

Trademark

A trademark is a type of intellectual property that can be used to protect a particular brand or concept. It can also cover various words and phrases that distinguish a specific product or service from others.

A trademark can be used to protect various products and services, such as those commonly referred to as “brand names.” These include “logos,” “names,” and “slogans.”

Although the term “trademark” is commonly used to refer to both the mark “trademark” and the term “service mark,” it’s important to distinguish the former from the latter. A service mark is a type of intellectual property that can be used to differentiate a particular service from another.

One of the main differences between a copyright and a trademark is that while copyright can expire after a set period, a trademark can still be used for a long time.

If your business is already using either a copyright or a trademark, you must have the proper legal rights to protect these intellectual properties. If you’re unsure about your rights or the process involved in registering a trademark or copyright, it might be a good idea to consult an attorney or online legal service.

Originally published at http://johnbrewerlaw.net on September 20, 2022.

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John Brewer
John Brewer

Written by John Brewer

Living in Phoenix, Arizona, John Brewer is a talented legal professional who’s been practicing for more than 20 years. Learn more at http://johnbrewerlaw.net/

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