Trademark vs Copyright: What Is the Difference

Trademark and copyright are the two most confused areas of IP law, and mixing them up can leave a business protecting the wrong thing entirely.

A trademark protects brand identity, names, logos and slogans. Copyright protects original creative expression, writing, art, music and software. They serve different jobs and are registered through different systems.

Trademark in a nutshell

• Protects brand names and logos
• Registered for specific goods and services
• Can last forever with renewals
• Prevents consumer confusion in the market

Copyright in a nutshell

• Protects original creative works
• Exists automatically on creation
• Lasts the author’s life plus decades
• Prevents unauthorized copying of the work

Register your brand as a trademark and your creative content as copyright, and you cover both the identity and the expression of your business.

Why both matter

A strong brand often needs both a trademark for the name and copyright for the creative assets behind it.

• Trademark the name and logo
• Copyright the content and design
• Keep them on separate schedules