Trademark vs Copyright: Everything You Need to Know

We know how much time, money, and energy you’ve invested in your business. That’s why we’re here to help you protect it. 

Business law can get tricky, with so many different steps to take to protect different things. One of the main things that people often inquire about is the difference between trademarks and copyrights. I’m here to break down everything you need to know about trademark vs copyright as a business lawyer and when to use each. 

Trademark vs Copyright: The Main Differences

When we’re looking at the main differences between trademark vs copyright, a trademark protects your brand identity, while a copyright protects your creative work. 

For example, a trademark ensures that no one else can legally use your name, logo, or tagline, things that customers use to immediately recognize your brand. A copyright, on the other hand, protects your business’s content, like your photos, designs, blog posts, and copy.  

What is a Trademark, and What Does it Cover? 

A trademark identifies and distinguishes your goods and services from other brands in the marketplace. Trademarking is one of the most important steps you can take to protect your brand and business (see why here), and it can be used to cover things like: 

• Names

• Logos

• Phrases and slogans

• Sounds

  
  

What is a Copyright, and What Does it Cover? 

A copyright protects work of authorship in tangible forms (which is especially important for creatives). It protects things like: 

• Books

• Music

• Art

• Photographs

• Blogs and website copy

Do You Need Trademarks and Copyrights?

As a trademark attorney, I highly suggest registering both trademarks and copyrights where applicable, respectively. When your business grows, there will be people who will try to copy and steal your intellectual property, and having different aspects of your business legally protected can ensure that your business property remains all yours. 

How Do I Register Trademarks and Copyrights?

Your strategy for registering these isn’t one-size-fits-all, so it’s always best to work with an attorney who understands the nuances of the law and will make sure you are properly protecting your brand.

What Do I Do if Someone Violates My Trademark or Copyright? 

If you discover that someone is infringing on your intellectual property, taking the right steps early can help resolve the issue(s) efficiently.

1. Document Everything: Gather and preserve evidence of the infringement, including screenshots, URLs, dates, correspondence, and any other relevant records. This will be the basis for any future action that might be taken. 

2. Start with Communication: A respectful, good-faith conversation can be an effective first step. Addressing the issue directly may resolve the matter without the need for legal action, saving time, money, and unnecessary conflict.

3. Send a Cease and Desist Letter: If the infringement continues, send a formal cease and desist letter outlining your rights, describing the infringing activity, and requesting that it stop immediately.

   
   

Create a Trademark and Copyright Strategy With a Trademark Attorney | Lindsay Lane Law

Trademarks and copyrights are assets that deserve protection. And when they’re properly registered, that protection is even stronger. 

Ready to create your trademark and copyright strategy with help from a trademark lawyer? Book your call here today.