What Is the Difference Between Trademark and Copyright?

Your company needs protection. Many people think insurance is the key to protecting a business. Insurance is important but it doesn’t protect you against other companies using your logo, your name, or your phrase. Determining what kind of protection those items need can be overwhelming. Your company logo, name, and phrase are intellectual property worthy of protection. There are some important differences between copyrights and trademarks, though, and how you can protect your intellectual property from being used. 

What is a Copyright?

Copyrights protect original works of authorship. These include books, musicals, art, and other creative works. Some of these can benefit from both trademark and copyright protection. Copyrights do not cover intellectual property. Titles, names, phrases, logos, or even different fonts are all protected by a trademark, not a copyright. This is why it’s important to understand the differences between these types of registration.

What is a Trademark?

A trademark is a word, phrase, or symbol legally registered which refers to a company. Think of your favorite beverage. The logo you’re picturing is that company’s trademark. Many companies have multiple trademarks to cover different logos and phrases. 

Your favorite beverage company hired a team of trademark lawyers to make sure their marks were registered correctly. A good trademark attorney, like a trademark attorney in Chicago, IL, can help you get your trademark. Companies file for trademarks for different reasons. Some file to gain recognition and others file to make a profit. Getting your trademark protects your company name, phrase, or logo from theft.

Registering Your Trademark

If you haven’t filed your trademark yet, make sure you complete a search first to be sure no other company is already using the one you want to use. You can start by running a preliminary knockout search with the United States Patent and Trademark Office. This search reviews results from federal trademark records. If you get a positive result, that means no other trademark is in use and you can file to use the trademark.

To protect the name of your company, your company phrase, and your company logo, you need trademark protection. Going without this protection puts your company at risk of losing its brand.

Protect Your Trademark
A trademark is an important legal right to your company. Without it, your company logo, name, and phrase could be stolen and used without compensation to you, the rightful owner. This is why it’s so important to make sure your trademark is filed correctly. That all starts with making sure your application is filled out correctly. This will help you confirm you can use your proposed trademark, and it helps to make sure you’re not infringing on the rights of anyone else. Doing so could be an extremely costly mistake. Your best chance of having a smooth and accurate trademark registration process is to use the services of a skilled and experienced trademark lawyer. 


Thanks to The Law Offices of Konrad Sherinian for their insight into the differences between trademark and copyright.