What is the Difference Between Trademark and Copyright?

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The main difference between trademark and copyright is that they protect different types of assets and have different registration requirements. Here are the key differences between the two:

  1. Protection: Copyright protects original literary, artistic, and intellectual works, such as books, videos, and software code. Trademarks protect items that distinguish or identify a particular business from another, such as brand names, logos, and slogans.
  2. Automatic Protection: Copyright is generated automatically upon the creation of an original work, whereas a trademark is established through common use of a mark in the course of business.
  3. Registration: Copyrights are granted by the U.S. Copyright Office, while trademarks are registered with the U.S. Patent and Trademark Office (USPTO).
  4. Expiration: Copyright protection expires after a set period of time, whereas a trademark does not expire as long as the mark continues to be used.

In summary, copyright is mainly used to protect creative works, while trademarks are used to protect brand names, logos, and other elements that distinguish a business from others. Although both offer intellectual property protection, they serve different purposes and are managed by different offices.

Comparative Table: Trademark vs Copyright

Here is a table highlighting the differences between trademarks and copyrights:

Feature Trademark Copyright
Definition A trademark protects any word, phrase, symbol, design, or combination that identifies the source of one's goods or services and distinguishes them from others. A copyright protects original works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, and other works.
Protection Protects brand names, logos, slogans, package designs, and other trademarks associated with a product or company. Protects the rights of authors or creators of literary, musical, dramatic, artistic, and other intellectual works.
Application Applies to names, logos, and phrases that identify a brand. Applies to intellectual and creative works.
Registration Registered with the United States Patent and Trademark Office (USPTO). Registered with the U.S. Copyright Office at the Library of Congress.
Duration Trademarks can be renewed indefinitely as long as they are in use and their registration is maintained. Copyrights generally last for the life of the author plus 70 years.
Symbols ™ (unregistered trademark) and ® (registered trademark). © (copyright symbol).

In summary, trademarks protect names, logos, and phrases that identify a brand, while copyrights protect original intellectual and creative works. Trademarks are registered with the USPTO, while copyrights are registered with the U.S. Copyright Office at the Library of Congress.