Copyright vs Patent vs Trademark

The area of intellectual property is everywhere, encompassing photos, paintings, works of art, logos, games, codes, and so on. However, for any business, it remains very important to distinguish among the types of intellectual property given that the strategy for their protection chosen must depend on the type of intellectual property involved.

What is Copyright?

Definition and scope of copyright

Copyright arises as soon as something new is created. That is, when you write code, text, or take a photo, you become the author of the work and can obtain legal protection. However, ideas, concepts, and facts are not protected; only the specific form of their expression is eligible for copyright protection. You can protect a book that has already been written, but not its plot. This is a fundamental distinction that is often underestimated.

From the moment of creation, the author receives economic rights (such as reproduction, distribution, licensing) and moral rights (such as recognition of authorship and protection from distortion). Property rights allow the work to be reproduced, sold, and licensed. Meanwhile, non-property rights recognize authorship and protect the work from distortion; incidentally, it is impossible to alienate these rights. Copyright generally lasts for the lifetime of the author plus 70 years after their death, although the exact term may vary depending on the jurisdiction.

Examples of works protected by copyright

The following are protected by copyright:

• books, articles, blog posts;

• music and song lyrics;

• photographs and videos, even stock photos, if the author has demonstrated creativity;

• software and databases;

• drawings, architectural designs, sculptures;

• content for social media

• and much more.

Can you copyright a name for a business?

In brief, it is not possible to obtain copyright protection for a business name, as copyright applies to creative works rather than identifiers. The law of copyrights protects certain artistic creations or forms of expression: books, songs, paintings, or computer programs-it hinges on an element of creativity and expression. Words consisting of one or two alongside phrases or slogans, however, do not carry even a shadow of an idea that would be worthy of copyright. On the other hand, one can always consider trademark registration if looking to secure some legal protection for the business name. This is a common confusion and an example of trademark copyright difference.

What is a Trademark?

Trademark definition and meaning

What is a trademark? A trademark is designed to distinguish your brand from others. It is an opportunity to mark the name, logo, slogan, or other brand identity as occupied. A trademark helps protect the uniqueness of a brand at the legal level.Think of it like your brand’s fingerprint – totally unique and instantly recognizable. When someone sees it, they know it’s you, not a copycat.

Difference between TM and ® symbols

Legal situation and protection constitute the difference between ™ and ®. 

™ (Trademark) - comes into play when anyone wants to use a generic term to denote that a word or phrase is treated as a brand. No official registration is required. What protection you get is minimal and depends essentially upon the use of the mark in the conduct of business. This is where the debate of TM vs copyright sometimes arises, since people confuse unregistered trademarks with creative rights.

® (Registered Trademark) - the mark has been registered officially with the appropriate government office. It provides much stronger legal rights, which include suing for infringement of mark rights.

How do I trademark a phrase or logo?

So if you ever wondered how do I trademark a phrase, it's quite easy. First, ensure no one else has the same phrase or logo – trademark databases usually help with this check. You then file the application with the proper trademark office (depending on where you live, this could be USPTO in the States, or EUIPO in Europe, etc.). The following stage involves a lot of waiting while the office examines the application. If everything went well during the examination, you would then enter the stage where you really get your registration. The brand element then becomes legally protected from that point onward.

What is a Patent?

Patent definition and purpose

A patent helps protect your inventions, which are new technical solutions, products, or even processes, from competitors. If you register a patent, only its owner will be able to use, sell, or import it, but there are some nuances. A patent generally has a limited term of protection: utility and plant patents usually last 20 years from the filing date, while design patents typically last 15 years from the grant date. 

But this raises the question: what is the point of registering a patent if it becomes publicly available? However, a registered patent makes it easier to encourage investment in manufacturing and also enables inventors to reap real benefits from their ideas.

Types of patents (utility, design, plant)

Are all patents alike? No, in fact, there are three main types of patents, each of which tends to protect a different element of the puzzle:

• Utility patents, the heavy hitters. They protect an idea of how something is made or how it works: a brand-new engine, a clever piece of software, or a new chemical formula. If it is functional and just setting out to solve a problem through new means, this is the kind of patent you are thinking about. Utility patents generally last for 20 years from the date of filing but require payment of maintenance fees to keep them alive after a couple of years.

• Design patents are a matter of appearance. It cares little for the invention's working but sets hard on how it looks. It could be the sleek curve design on a smartphone, a special pattern on a handbag, or ornamental design details on a chair. They generally last 15 years from the date of grant and do not require any renewal fees. In other words, social protection for your product's "cool factor."

• Plant patents-As in: Plants can be patented! If you have produced a new variety of rose, have created a new type of fruit tree, or have produced a decorative plant capable of being reproduced without using seeds (such as by grafting or cutting), this is your category.

Copyright vs Trademark vs Patent: Key Differences

Understanding the differences between copyright vs trademark vs patent is essential for building the right protection strategy.

Copyright vs trademark

Copyright is your creative shield protecting creations of your original expression, be it stories, music, paintings, or software. Conversely, trademarks create an enchanted seal of your brand that protects your company name, logo, or tagline.

Copyright, essentially, protects the thing you expressed; that is an artistic or intellectual creation. A trademark, on the other hand, identifies the "who is behind it?" to trade in the identity of your brand. This is the essence of copyright vs trademark.

Trademark vs patent

A trademark is your “business card” on the market: your company name, logo, slogan, etc. A patent protects inventions and technical solutions. In short, a trademark protects the answer to the question “who are you” – how your business or product is identified in the market, and a patent is the answer to the question “what have you created” – a new technical solution or invention).  This is the essential distinction in trademark vs patent comparisons.

Trademark and copyright together

If a company really wants to protect all its elements, it will try to use trademarks and copyrights.Much like the flavor of a soda, the logo is trademarked to protect its use as a brand identifier in commerce.

The same logo, if sufficiently original, could also be copyrighted as a piece of artwork to preclude reproduction without permission. This dual protection often arises in discussions of trademark and copyright overlap.

Copyrighting the promotional materials and trademarking the brand name or slogan may be done by a company.

FAQ about Copyright, Trademark, and Patent

What is the difference between copyright and trademark?

Copyright protects books, music, and software created by people, in other words creative works. When a trademark protects identifiers of brands: names, logos, slogans. This is often asked as trademark copyright difference.

Can I copyright my business name?

No, generally business names are protected by trademark rather than copyright.

Is trademark the same as copyright?

No. Trademark protects brands; copyright protects creative works.

What does a trademark actually protect?

Symbols, names, logos, or slogans that identify your goods or services.

Do I need a copyright, trademark, or patent for my idea?

It depends: use patent for inventions, copyright for creative works, and trademark for branding.