Categories: Business Advice

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Categories: Business Advice

by Richard

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Trademark vs Copyright: Which one is right for your work?

Trademark vs Copyright: Which one is right for your work?

Great ideas often strike at unexpected moments — whether you’re driving, showering, or even in the middle of the night. Once inspiration hits, it’s important to capture your idea by writing it down, sketching it, recording it, or producing it in some form. Making your idea tangible is the first step towards protecting it from being copied. But how do you decide whether to safeguard your work with a trademark or a copyright? Let’s explore the differences.

Trademark vs Copyright: Understanding the basics

  • Trademarks protect elements that distinguish a business or brand in the marketplace, such as names, logos, and slogans. For example, Apple’s logo and McDonald’s slogan “I’m lovin’ it” are trademarked.
  • Copyrights, on the other hand, protect original creative works like books, movies, songs, and software. For instance, a novel or a song is copyrighted to ensure its creator retains control over its use.

Both trademarks and copyrights are essential tools for creators and businesses to safeguard their intellectual property (IP) and prevent unauthorised use.

When to use the trademark symbol (™)

A trademark symbol (™) indicates that you claim ownership of a mark. Trademarks fall into five categories:

1. Descriptive Trademarks: Describe the product or service (e.g., “Pizza Hut”).
2. Fanciful Trademarks: Invented words created specifically for branding (e.g., “Nike”).
3. Arbitrary Trademarks: Existing words unrelated to the product (e.g., “Apple”).
4. Generic Trademarks: Common terms that cannot be trademarked (e.g., “Chapstick”).
5. Suggestive Trademarks: Imply qualities of the product or service (e.g., “Android”).

A registered trademark not only builds trust but also ensures your brand stands out in a competitive market.

What is a service mark (℠)?

A service mark is similar to a trademark but applies specifically to services rather than goods. For example, if you run a plumbing company called The Leaky Sink, you would use a service mark.

What is the Registered Symbol (®)?

The registered symbol (®) signifies that a trademark has been officially registered with the relevant authority—in the UK, this would be the Intellectual Property Office (IPO). Until registration is complete, businesses may use the ™ symbol instead.

To register a trademark in the UK, visit the IPO website.

How to Register a Trademark

Registering your trademark ensures nationwide protection and prevents others from using similar marks. In the UK:

  1. Conduct a thorough search via the IPO database to ensure your mark isn’t already in use.
  2. File an application with details about your trademark.
  3. Pay the application fee and await approval.

For guidance through this process, consider consulting an IP lawyer or visiting UK Intellectual Property Office.

When to Use the Copyright Symbol (©)

Copyright protects creative works such as:

  • Books
  • Songs
  • Films
  • Artworks
  • Software
  • Architectural designs

However, copyright does not cover ideas or principles — it only protects tangible expressions of those ideas.

For example, while facts about Alexander Hamilton are not copyrighted, Lin-Manuel Miranda’s Hamilton: An American Musical is protected because it expresses those facts creatively.

How to register a copyright

In the UK, copyright protection is automatic once an original work is created in tangible form. However, registering your copyright provides stronger legal protection if someone infringes on your work.

Steps to register:

  1. Submit your work via an official copyright registration service.
  2. Pay any applicable fees.
  3. Retain proof of registration for legal purposes.

For further details on copyright registration in the UK, visit Patents, trade marks, copyright and designs.

Protecting your intellectual property

Whether you’re safeguarding your brand with trademarks or protecting creative works with copyrights, securing your IP is crucial for maintaining control over your creations and ensuring their longevity in today’s competitive landscape.

For more information on trademarks and copyrights in the UK:
– Visit UK Intellectual Property Office for trademarks.
– Visit Patents, trade marks, copyright and designs for copyrights.

By taking these steps now, you can ensure that your hard work remains protected well into the future!

Further reading: IP protection for UK businesses

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