Copyright vs. Trademarks: 5 Things You Need to Know
Copyright, trademarks … what’s the difference again? If you don’t know how to answer this question, don’t worry! It can be confusing, and many other business owners are in your same boat. The short story boils down to this:
👉 A copyright protects your CREATIONS
👉 A trademark protects your BRAND
Of course, there’s much more to the story! So let’s clear up the confusion between copyright and trademarks once and for all.
Here are 5 things you need to know about copyright and trademarks, how they’re different, and which one(s) you need for your business.
1.What is a copyright?
According to the U.S. Copyright Office, copyright is a type of intellectual property that protects original works of authorship. This includes (but is not limited to) the following types of creations:
Books
Photographs
Websites
Blog posts
Videos
Course content
Artworks
Sound recordings
It is important to note that we are all copyright owners, and we are also all copyright users. If you own a business, you should be familiar with copyright law so that you know how to protect yourself and your intellectual property AND so you don’t unintentionally infringe on someone else’s rights. (We break this down here!)
Technically, you own the rights to your original works of creative expression as soon as they’re “fixed” or communicated in some tangible form (e.g., written down, posted, etc.), but you may also want to register a copyright for extra protection.
2.What is a trademark?
The USPTO says the goal of a trademark or service mark is threefold: to identify the source of your goods or services, to provide legal protection for your brand, and to help you guard against counterfeiting and fraud. Trademarks protect components that help form your brand’s identity, including but not limited to things like:
Business name
Logo
Slogan or tagline
Course, program, product, and/or podcast name
A trademark is an essential part of protecting your brand from copycats. (Learn more about what you’re risking by NOT trademarking your business name here!)
3.What do copyright and trademark symbols mean?
You already have a copyright to your original and creative work. If you want, you can use the © symbol as soon as the work is created, even if it’s not registered, to remind others that they’re not allowed to use your stuff.
There are two symbols for trademarks, but they mean different things. You can use the ™ symbol with or without registration. Use this if your trademark is pending, if you intend to file a trademark, or even if you just intend the name to be unique to your brand but don’t necessarily plan to file a trademark.
On the other hand, the ® symbol refers to a federally registered trademark and should only be used after you're finished with the process. 4.Do I really need to pursue a copyright /trademark?
4.Do I really need to pursue a copyright /trademark?
Copyright happens automatically, but you may want to register a copyright because it’s more official and is helpful if there’s ever a lawsuit (for example: if you find out someone is infringing on something you created and you decide to sue for infringement).
Registering a trademark gives you legal rights in the event of a dispute. If you don’t file, you have limited common law rights, but that often is not enough. Filing a state trademark gives you limited rights in your state, but ultimately it is the federal trademark that offers the best protection. (Fun fact: Federal trademarks trump state trademarks.)
5. What’s the cost comparison?
Filing a trademark is more expensive than registering a copyright, and the process takes longer. To register a copyright for an original work of authorship electronically, the filing fees start at $45 and the legal fees will likely be around $500 or more if you’re filing multiple works at once. To file a federal trademark, the filing fees start at $250 and the legal fees start at $2500 as the process takes a lot longer and is much more in depth.
Schedule a trademark consultation today to learn more about protecting your brand! We can discuss any potential copyright filings as well.