Copyrights and Trademarks Differences

BUSINESS LAW TIP: COPYRIGHTS AND TRADEMARKS

As a creative or a business entrepreneur, you must protect your mental labor and creations.  The area of law that offers this type of protection is known as Intellectual Property, and this consists of Copyrights and Trademarks. 

Copyrights and trademarks are completely different in terms of the protection they provide. Copyright is the most basic form of legal protection that all creatives and business entrepreneurs.  Copyright protects the right of the authors of literary, dramatic, musical, and certain other intellectual works. Copyrights provide the author exclusive rights to publish, reproduce and gain financial benefit from the copyrighted work.

Whereas trademark protects your brand names and logos used on goods or services from being misused by third parties. This gives you a presumption of ownership over the mark and the right to take legal action against any infringement.

U.S. Copyright Office grants the copyright.

The U.S. Patent and Trademark Office approve trademark applications.

Still confused?!? Still cannot determine if you need copyright or trademark protection? Call The Sterling Firm to Speak With An Experienced Lawyer or Book Your Consultation HERE!

The Main Distinction Between Copyright and Trademark

Copyright law focuses on protecting original works of artistic expression.  There must be some element of creativity.  Whereas, trademark law focuses on commercial value.  The mark or logo must be used or intended to be used in “commerce.” That is, it must be for business purposes.