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Trademark vs Copyright: Which One Is More Important for Your Business?

By Kira Gavalakis

Published on 26 Apr 2023 5 min read

Leave your (trade)mark on the world by creating something that nobody else can copy(right). Let’s break down the key differences between the trademark vs. copyright (™ & ©) laws and discover the distinctions that make each protection a true asset!

What Is a Trademark?

Think of that word, that phrase, or that symbol that makes you think of a business. Maybe it’s the “ba da bam bam bam… I’m lovin’ it” from a McDonald’s commercial, or that nostalgic Windows tune when you open a laptop with that green field and blue sky background.

Trademarks are identifiers and distinguishers of a brand.

What Does a Trademark Protect?

Trademarks can be used to protect a wide variety of things, including:

• Product names
• Brand names
• Logos
• Slogans
• Phrases
• Designs
• Colors
• Sounds
• Smells
• Website URLs

When Do You Need a Trademark?

For businesses that want to build brand recognition and loyalty, trademarks are a huge deal, especially as a company is building itself up to be “well-known” or “popular.” Registering a trademark is great for when businesses are finding that some competitors might be using confusingly similar language or marks or other trademark protection indicators, perhaps confusing audiences with two different organizations that sound similar.

You should also get a trademark if you want to avoid counterfeiting or fraud, which could happen when other companies are creating eerily similar products as you are. Legally, trademark laws will protect you.

How Long Does a Trademark Last?

Unlike copyrights, trademarks won’t expire after a certain amount of time has passed. A federal trademark last 10 years from the date it’s registered, with the potential for it to have an unlimited set number of 10-year renewal terms. The important thing for business owners to know is that they should continue renewing it if they plan to continue using it. They’ll likely be working with the United States Patent and Trademark Office (USPTO) upon renewals.

How to Register for a Trademark?

It’s pretty simple!

1. Decide on Your Trademark: Is it an animation, a jingle, or a color scheme? If you’re looking to trademark your brand, slogan, or product name, you likely want to establish yourself as an industry leader and stand out from the crowd.
2. Search the USPTO’s Trademark Database: You can find out here which trademarks are in use. It will save you time from the potential of getting rejected because of a “likelihood of confusion” refusal.
3. Register Your Database: Register what you want to trademark on the same website above once you’ve ensured it is not in use or similar to someone else’s.
4. Use Your Trademark: Brand your business!

How to Protect a Trademark?

The first thing to ensure your trademark is legally protected is to register using the steps above. From there, use it! The more you use your trademark, the more widely it’s recognized, and the stronger it becomes in case of any lawsuits.

What Is a Copyright?

Now that you know the tricks of the trade(marks), let’s head over to copyrighting, a different process in the world of protecting your business’s identifiers.

The first thing about copyright to know: while you can register for official copyright, in America, copyright protection is automatic. That means you don’t technically need to register for copyright to protect your work.

What Does a Copyright Protect?

But what work does this include? Everything from:

• Books
• Poems
• Scripts
• Songs
• Compositions
• Plays
• Paintings
• Photographs
• Sound recordings
• Architectural works
• Compilations of data

Copyrighted work is something someone has created. It’s a bit different from a trademark because it’s a full work or compilation of work that someone has done, protected automatically but gives the offer for more protection if needed.

When Do You Need a Copyright?

When you want to protect your original work of authorship, such as a book, song, movie, or software program, you need a copyright.

Something key to note: copyright protects the expression of an idea, not the idea itself. For example, you can’t copyright the idea about a vampire and a girl’s love story, but you could copyright the specific words and phrases that you use to write the book.

How Long Does a Copyright Last?

The copyright is a little different based on when the work was created. For works created before January 1, 1978, the copyright term is 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

For works that are created after January 1, 1978 (and for when you write your first best-seller!) the copyright term is the life of the author plus an additional 70 years.

As with everything, there are some exceptions to this rule. The U.S. government has specific protection that can extend beyond traditional copyright laws.

How to Register for a Copyright?

You can register your copyright with the U.S. Copyright Office online or by mail. Prepare to submit an application, a copy of your work, and a filing fee.

Once your copyright is registered, you will receive a certificate of registration from the Copyright Office. This certificate is proof of your copyright ownership and can be used to enforce your copyright rights.

How to Protect a Copyright?

Take action to be protected. Use several different precautions to protect your work, like registering, using a copyright notice on your work, and keeping your work as confidential as possible (or with lots of logs to prove that you’re the original creator).

By taking these steps, you can help to protect your copyright and ensure that you are the only one who can profit from your creative work.

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Business owners and creators need a specialist in their corner to help them scale their business so they can ensure their work is always close to them. 

With doola’s bookkeeping services, you’ll receive a monthly report of your business financials so you can spend time building and growing the work you’re putting out into the world. Start here!

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