As a business owner, you’re sharing your creativity and building a one-of-a-kind brand. So exciting!
But you might be worried about how to protect your work, especially in our crazy, digital world. (There are plenty of copycats out there!)
You’ve heard terms like “trademark” thrown around, but what’s the difference between Trademarks and copyrights? There are key differences between trademark (™)(®) and copyright ©. Both are important legal tools for you to know about.
Copyright vs. Trademark: What They Protect in Your Business
The first difference between trademark and copyright is the types of material they’re meant to protect. Both involve intellectual property rights, but they cover different elements of your business. Let’s look at some examples.
A Copyright Protects Creative Works
Copyright is a legal protection for creators of many types of original works. It applies to creators like photographers, videographers, graphic designers, artists, writers, and more.
Examples of Copyrighted Material:
Photographs
Books
Paintings
Online Courses
Songs
Blogs
If you work with materials like these, you’ll want to consider copyright protection.
Trademark Protects Business Names, Brand Names, Sub-Brand Names, or Slogans
Different from copyright law, trademark law deals with unique symbols, words, phrases, designs, or combinations of those that are tied to a business. (Think the McDonalds® arches, the Amazon® arrow, the “Canon®” brand name, etc.)
For example, the brand name “Nike®” is protected by trademark law, while the brand’s commercial shoe photos would be protected by copyright law. This difference between TM and copyright is crucial for gaining legal protection.
Trademark law gives companies the exclusive right to use their trademarks. This deters other companies from using similar marks and confusing customers.
Examples of Trademarked Materials:
Logos
Business names
Taglines
Sounds
Colors (this is rare but possible!)
E-Course names/titles
Hashtags
Packaging design (registered as “trade dress”)
If you have a unique name for any of these items, we recommend registering for a federal trademark. This protects your brand’s name recognition. And trademark rights can last forever, as long as you’re using the mark in commerce.Copyrights vs. Trademarks:
So now you know the difference between what trademarks and copyrights are used for.
Recap: A trademark relates to brand association, such as symbols, names, and slogans that identify goods and services. A copyright covers original works of authorship, such as literary, artistic, and musical creations.
But what steps do YOU need to protect your brand and work?
Copyrights and trademarks have different legal procedures and rules attached. Below are the different ways to register for TM and copyright protection.
Register Copyrights with the U.S. Copyright Office
We live in a digital world where it’s easy for people to profit from your hard work. The good news is you have copyright ownership the minute you create a copyrightable work. The right automatically attaches to you as a person (or your company if your company creates it). This copyright generally lasts for the life of the author, plus 70 years.
For instance, when a photographer frames a shot and the camera captures an image, that photograph is a copyrightable work of art. However, it doesn’t make sense to copyright every photo a photographer takes. A wedding photographer may take thousands during a single event. (Although you can register them as a bundle, it’s tedious, and probably not going to happen.) This is why common law protection exists.
However, registering your work with the U.S. Copyright Office is often still a good idea. Registering your copyrighted work makes sense if your work is getting lots of traction. Or if you’ve worked hours and hours to create, say, an online course. Once registered, you can attach the copyright symbol ©. This notifies others that they cannot and should not infringe on your work. (1)
Copyright infringement is when someone copies, distributes, or publicly displays your work without permission. For example, if another business uses your video footage in their advertisements without your consent. Or if someone reproduces your original course materials or presentations and shares them as their own. In these cases, it’s helpful to have your copyright registered with the U.S. Copyright Office.
Some benefits of registering a copyright are:
You create a public record of your copyright, making it easier to prove that you are the owner.
You can sue someone if they violate your copyright. If your work is not officially registered, you can’t file a copyright infringement claim in federal court.
You may receive a larger payout in a lawsuit where a person or company misuses your copyrighted work.
Pro Legal Tip: Give Clients NOTICE of Your Copyrights
Besides registering your work with the U.S. Copyright Office, at The Legal Paige, we recommend notifying your clients of your copyrights. This discourages them from inappropriately copying, recreating, or commercially selling your work to others.
You can do this through your client contract. Using a copyright clause notifies clients that you own the copyrights to all the materials you create or deliver. You can also notify people of your copyrights on your website in your terms and conditions section (such as in this Website Terms & Conditions + Privacy Policy template).
When you clearly state who owns the copyright to your work, you can establish a healthier client relationship and avoid potential disputes.
We have hundreds of client contract templates specific to different industries here at thelegalpaige.com.
Register Trademarks With the United States Patent and Trademark Office (USPTO)
Like copyrights, trademarks do not need to be registered to be protected. There are some automatic rights that protect your mark within your city (or your state for very large companies.)
However, you can gain national protection by registering a trademark. You can use the “R” symbol (®) once the trademark is officially registered with the United States Patent and Trademark Office (USPTO). You can use the “TM” (™) symbol while you have a pending trademark registration application.
Registering protects your trademark nationally. So if you’re working across states, selling online, or have a website — it’s always a good idea to register with USPTO!
A difference between copyright and trademarks is that trademark registration is more complex.
Keep in mind, though, that without guidance, you run the risk of registering for a mark that is already in use. Or you could register the mark incorrectly and have it denied. That’s why we recommend working with an attorney, such as our team at Griffith Suazo Law, for trademark registration.
Pro Legal Tip: Don’t Forget to Trademark Your Business Name
Choosing a business name is an important decision. A strong business name sets the stage for your brand identity and helps you attract the right buyers.
When choosing a business name, consider these tips:
Do an informal search: Check Google, and social media platforms like Facebook, Instagram, and Twitter to see if the name is already being used.
Do a formal search: Use your state’s secretary of state website and the U.S. Patent and Trademark Office database. Check that your name hasn’t been trademarked by another business. (Consider working with us at Griffith Suazo Law or another attorney for a thorough search.)
Register your business name: After clearing both informal and formal searches, register your business name with the United States Patent and Trademark Office so that you own your brand name nationally.
Ready to Protect Your Brand? Let’s Make It Official!
At Griffith Suazo Law, we help creatives and business owners secure their most valuable assets—your ideas, brand, and content. Whether you’re looking to trademark your unique logo, business name, product or copyright your original work, we’re here to make the process smooth and stress-free.
Why wait? Get the legal protection your brand deserves, and let us handle the details so you can focus on what you do best.
Contact us today to start your trademark or copyright registration!
