What Is the Difference Between Copyright and Trademark?
Intellectual property plays a key role in safeguarding the creations and identity of businesses, individuals and brands. Two prominent forms of intellectual property protection are copyright and trademark.
What is a Trademark?
A trademark is a distinctive symbol, phrase, word or design associated with a specific product or service. You’ll probably be able to identify most trademark symbols from big brands like Starbucks, Apple and Netflix.
The primary function of a trademark is to differentiate products or services in the market. When a brand has specifically trademarked its name, they are granted the rights to control its use.
Importantly, if a firm registers a trademark for a specific category of goods, others can use the same name for different goods, as long as it avoids customer confusion. This flexibility allows for the coexistence of similar names in distinct markets without infringing on trademark rights.
What is Copyright?
Copyright protects original works automatically upon creation, covering a broad spectrum of creative expressions such as literature, theatre, music, arts, research, movies, songs, and software. It extends to the tangible form of these works and grants creators exclusive rights to reproduce, distribute, and display their creations. However, copyright does not protect abstract ideas, discoveries, or principles, focusing instead on preserving the tangible expression of creative endeavours.
What Is the Biggest Difference Between Copyright and Patents or Trademarks?
While trademarks secure the distinct identity of products or services, allowing similar names in different markets, copyright safeguards the creative output of individuals, providing exclusive rights to the tangible form of their original works. Understanding these distinctions is crucial for creators, businesses, and consumers who want to benefit from intellectual property protection.
Can You Trademark a Slogan?
Yes, you can trademark a slogan or phrase. To successfully trademark a slogan, several key conditions must be met. Firstly, the chosen phrase must not already be registered by another applicant for a similar product or service, ensuring the uniqueness of the trademark. Additionally, the slogan should avoid merely describing the nature of the associated product or service, emphasising the need for distinctiveness to qualify for trademark protection.
Lastly, a crucial condition demands that the trademarked phrase must actively be used in conjunction with the sale of a product or service. This ensures that trademarks are applied to tangible goods or services in the marketplace, reinforcing the practical and commercial relevance of the slogan within the specified business context.
Registering a slogan as a trademark offers businesses a strategic means to safeguard the significant value associated with their brand. Slogans, when well-crafted, become integral components of a brand's identity.
What Are Examples of Trademarks and Copyright?
McDonald’s golden arches signify the presence of a nearby McDonald's without explicitly mentioning the brand name. The Nike tick is another iconic logo that doesn’t require the word "Nike" for identification.
American Express’ memorable slogan, “Don’t Leave Home Without It,” secured trademark protection for credit card services through acquired secondary meaning.
Trademark protection extends to fictional characters like "Mickey Mouse," Lego figure shapes, and various Nintendo characters also have trademark protection for their association with specific goods or services.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.