Does your business create original assets and/or materials? If so, you’ve likely already given some thought about how best to protect your intellectual property.
The two main ways to protect your work are copyrights and trademarks. Though many people believe these protections are similar, they’re so legally distinct that they’re managed by two separate offices. In this guide, we’ll explain the main differences between copyrights and trademarks and help you figure out which protection is the better fit for your business.
Copyright Protection
According to the U.S. Copyright Office, a copyright is a form of protection that deals with original works, including literary, musical, dramatic, and artistic works. That list includes:
- Novels
- Poetry
- Movies
- Songs
- Art
- Research
- Architecture
- Computer software
- Other forms of original writing
- Other forms of audio/video materials
Upon creation of any of the above works, their copyright is generated automatically. However, a business still needs to register those works with the Copyright Office if they intend to sue over the use of these materials by another party.
To register your copyrighted works, you’ll need to complete an application, pay a fee, and send a copy of the work to the Copyright Office. Completing this process will add your works to the public copyright record, and you’ll receive a certificate of registration. Registering a work within five years of publication is considered sufficient evidence in a court of law.
Keep in mind that some original works can’t be copyrighted, such as ideas, principles, and discoveries. Similarly, works in the public domain can’t be copyrighted again. An attorney can assist with determining whether a work is subject to copyright protection and to prepare an application for registration that is consistent with the type of work being registered.
Trademark Protection
A trademark is a form of intellectual property protection that covers symbols, words, phrases, colors, and designs that distinguish a specific brand. For instance, it protects items like:
- Logos
- Slogans
- Brand names
- Business names
Some common trademarks include the McDonald’s Golden Arch symbol and Subway’s Footlong sandwich. Unlike copyrights, trademark rights come from actual use, which means they can’t expire for as long as you keep using them and file registration renewals every ten years.
It’s worth noting that registering a trademark with the U.S. Patent and Trademark Office can be a complicated process. All applications are closely scrutinized, so you’ll need to provide a variety of supporting materials. Beyond that, you may want to do a trademark search to ensure your trademark isn’t already in use or that it’s not too similar to existing trademarks.
Due to the legal ramifications of this process, many industry experts recommend hiring an attorney to assist you with registering a trademark.