Copyright vs. Trademark — What's the Difference?
By Urooj Arif & Maham Liaqat — Updated on May 14, 2024
Copyright protects original works of authorship, like books and music, ensuring control over reproduction and distribution; trademarks protect symbols, logos, and phrases identifying a business source.
Difference Between Copyright and Trademark
Table of Contents
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Key Differences
Copyright refers to the legal right granted to the creators of original works of authorship, such as literary, dramatic, musical, and artistic works. It primarily aims to prevent others from copying, distributing, or monetarily exploiting the work without permission. Whereas trademarks are protection mechanisms for words, phrases, symbols, or designs that identify and distinguish the source of goods or services of one party from those of others. They help prevent confusion in the marketplace about who is selling what.
Copyright duration typically lasts for the life of the author plus an additional 70 years in most jurisdictions. This allows authors and their heirs to benefit financially from the works for many years. On the other hand, trademarks can potentially last indefinitely, as long as they are in use and their renewals are filed on time. This can ensure a brand's logo or slogan remains protected as long as it remains in active use and retains its association with the brand.
Copyright automatically attaches when an original work is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device. No formal registration is required in many countries, including the United States, to enjoy copyright protection. Whereas trademarks must generally be registered with a relevant government body to enforce the rights fully, although some rights can also be established through actual use in commerce.
In the case of a copyright infringement, the remedy typically includes monetary damages and injunctions against further misuse. This helps ensure that creators can control the distribution and reproduction of their work. In contrast, trademark infringement cases focus on preventing confusion among consumers and protecting the goodwill associated with the trademark. The remedies might include damages and an order to stop using the mark in a way that confuses consumers.
Copyright does not protect ideas themselves, only the expression of ideas. This means someone can use the same ideas to create a completely different expression. Trademarks, however, can sometimes protect an exclusive idea or attribute of a brand if it is closely associated with the trademark in the public mind.
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Comparison Chart
Protection Focus
Literary and artistic works
Symbols, logos, and phrases
Duration
Life of author + 70 years
Indefinite, with proper renewal
Registration
Not required for protection
Required for full protection
Remedy for Infringement
Monetary damages, injunctions
Damages, anti-confusion injunctions
Protects
Expression of ideas
Business identifiers and brand
Compare with Definitions
Copyright
Legal right granting control over the reproduction of creative works.
A filmmaker holds the copyright to their movie, preventing unauthorized distribution.
Trademark
Protects symbols, logos, and phrases used in commerce.
The Nike Swoosh is trademarked to distinguish their products.
Copyright
Applies to literary, dramatic, musical, and artistic works.
The copyright on a novel prevents others from publishing it without consent.
Trademark
Can last indefinitely with proper use and renewal.
Coca-Cola has maintained its trademark for over a century.
Copyright
Allows for control over the commercial use of a work.
A musician can license their copyrighted songs for use in advertisements.
Trademark
Protects against consumer confusion in the marketplace.
A trademark prevents others from selling products under the same brand name.
Copyright
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form.
Trademark
Must be distinctive and not merely descriptive.
Apple for computers is trademarked because it is not a term typically associated with electronics.
Copyright
The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity.
Copyright
Of or relating to a copyright
Copyright law.
A copyright agreement.
Trademark
A symbol, word, or words legally registered or established by use as representing a company or product.
Copyright
Protected by copyright
Permission to publish copyright material.
Trademark
Provide with a trademark
They are counterfeiting trademarked goods
Copyright
To secure a copyright for.
Trademark
Abbr. TM A name, symbol, or other device used to identify and promote a product or service, especially an officially registered name or symbol that is thereby protected against use by others.
Copyright
(uncountable) The right by law to be the entity which determines who may publish, copy and distribute a piece of writing, music, picture or other work of authorship.
Copyright is a separate legal area from trademarks.
Trademark
A distinctive characteristic by which a person or thing comes to be known
The snicker that became the comedian's trademark.
Copyright
(countable) Such an exclusive right as it pertains to one or more specific works.
The artist lost the copyrights to her songs when she signed the contract.
The images are still copyright of the original artist.
Trademark
To label (a product) with proprietary identification.
Copyright
A violation of copyright law; copyright infringement.
Trademark
To register (something) as a trademark.
Copyright
To obtain or secure a copyright for some literary or other artistic work.
Trademark
A word, symbol, or phrase used to identify a particular company's product and differentiate it from other companies' products.
Copyright
The right of an author or his assignee, under statute, to print and publish his literary or artistic work, exclusively of all other persons. This right may be had in maps, charts, engravings, plays, and musical compositions, as well as in books.
Trademark
Any proprietary business, product or service name.
Copyright
To secure a copyright on.
Trademark
The aspect for which someone or something is best known; a hallmark or typical characteristic.
Copyright
A document granting exclusive right to publish and sell literary or musical or artistic work
Trademark
(proscribed) To register something as a trademark.
Copyright
Secure a copyright on a written work;
Did you copyright your manuscript?
Trademark
(proscribed) To so label a product.
Copyright
Protection does not require registration.
An artist owns the copyright to their painting as soon as it's created.
Trademark
(informal) Distinctive, characteristic, signature.
Copyright
Duration lasts for the life of the creator plus 70 years.
The works of an author will be protected until 70 years after their death.
Trademark
A distinctive characteristic or attribute
Trademark
A formally registered symbol identifying the manufacturer or distributor of a product
Trademark
Requires registration for full protection.
Registering a trademark ensures exclusive nationwide rights to the mark.
Common Curiosities
What is protected under copyright?
Copyright protects original works of authorship including books, music, and art.
How long does copyright protection last?
It lasts for the life of the author plus 70 years after their death.
What constitutes trademark infringement?
Trademark infringement occurs when there's unauthorized use of a mark in a manner that causes confusion among consumers.
How long can a trademark last?
A trademark can last indefinitely, provided it's actively used and renewed appropriately.
Is trademark registration necessary?
Yes, to enforce rights fully, trademark registration is typically necessary.
Do I need to register to receive copyright protection?
No, copyright protection does not require registration.
Can ideas be copyrighted?
No, copyright does not protect ideas, only their expression.
What remedies are available for copyright infringement?
Remedies include monetary damages and injunctions against further use.
Can a trademark protect a business name?
Yes, a trademark can protect a business name used in commerce.
What does a trademark protect?
Trademarks protect symbols, logos, and phrases that identify the source of goods or services.
Can a color be trademarked?
Yes, colors can be trademarked if they distinctly identify the source of goods or services.
What if someone uses my trademark without permission?
Legal actions can be pursued to stop trademark infringement and possibly seek damages.
Are there any international copyrights?
While there is no single international copyright, treaties like the Berne Convention facilitate protection across member countries.
How can a trademark become generic?
A trademark can become generic if it's commonly used by the public to describe a type of product rather than a specific brand.
What is required to prove copyright ownership?
Proof typically involves showing original creation and fixation in a tangible form.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Maham Liaqat
