Trademark vs. Copyright: What You Need to Know to Protect Your Business

Your top priority as a business owner is making sure that your company is a success. That means building your brand and ensuring your products or services stand out. But while you’re running around doing a million things, there’s one thing you can’t afford to neglect: brand protection. Ensuring that nobody else can use your company name or logo is crucial. In this blog post, we will discuss trademark and copyright protection so you can consider your options and make the best choice for your business.

Trademarks

A trademark is any type of identifier you use in your business to distinguish your goods or services from others. It can be a word, phrase, symbol, design, or even a sound. Trademarks are registered with the United States Patent and Trademark Office (USPTO), providing legal protection against infringement. When you register a trademark, you get exclusive rights to use that mark in connection with your products or services and the right to take legal action against anyone who infringes upon it.

Copyrights

Copyright, on the other hand, is used to protect creative works such as books, songs, movies, and artwork. Copyright protection is automatic and arises as soon as the original work is fixed in a tangible form. However, registering a copyright with the U.S. Copyright Office gives you many benefits, including the right to sue infringers, statutory damages, and reimbursement of attorney fees.

Do You Need Both a Trademark & Copyright?

Regarding brand protection, you might need both a trademark and a copyright for comprehensive protection. For example, if you have a very unusual or particular logo for your business, you can’t fully protect it by filing a trademark application alone. A copyright application might also be necessary to ensure that you have recourse against others who use your logo without authorization. If you’re serious about protecting your brand assets to the fullest extent possible, consider filing both a trademark application and a copyright application for your logo.

It’s important to note that trademark and copyright protection are different and serve different purposes. Trademarks protect your brand identity and ensure that you’re the only one who can use your company name, logo, or slogan with your products or services. Copyrights, on the other hand, protect your creative works and give you exclusive rights over your original content.

In conclusion, trademark and copyright protection are essential for any business to succeed in today’s competitive market. Trademarks protect your brand identity, while copyrights protect your creative works. To ensure the fullest protection for your brand assets, it’s best to consider filing both a trademark application and a copyright application for your logo. By taking the time to protect your company logo, you’ll be setting your business up for long-term success.

Immediate Assistance with Brand Protection

The law is complex when it comes to brand protection, and protecting yourself as the holder of intellectual property or protecting yourself against a claim of infringement can be a complicated matter. The brand protection team at Perkins Law include a certified mediator and experienced litigators ready to help you protect your brand assets and handle infringement actions as a plaintiff or defendant. Contact Perkins Law to schedule a brand protection consultation or for immediate help with any prospective or pending litigation or infringement action.