A confusion that most business owners and entrepreneurs enter into when they want to protect their brand. There is a difference between trademark and copyright, which means that by choosing one over the other, you opt not to maintain a certain level of moral or legal protection for your company’s name or products.
Let ID Card PH enlighten you about these critical elements.
What is a Trademark?
A trademark is a distinctive sign or indicator of the source of goods and services. It can be a name, design, slogan, logo, and/or combination of colors. It has no intrinsic value since it is just an indication; it has no inherent meaning. Trademarks are used to brand various products and services to differentiate one business from another.
What is Copyright?
Copyright can be defined as a legal right held by the owner of the work in literary, musical, dramatic, artistic, or some other creative area. The scope of this right may vary from place to place.
Generally speaking, when you create something original, which is not just a copy of some existing work—like your original photo or song—you automatically hold copyright in that work. Your ownership of the copyright helps you control how others use that work.
More importantly, and unlike a trademark, a copyright allows you to take action against anyone who uses your original work without your permission.
When Should You Use a Trademark?
Trademark is best used for general brand identification. Trademarks are mostly used for business names or logos. It is also often used to ensure that the business does not lose control of its name or logo by another company using it for its own purposes.
For example, if your business in the Philippines uses the name “Tiffany Jewelry,” it would be wise to register a trademark for this name, so that if an imposter company also wants to use the name “Tiffany” without permission, you can file a lawsuit against them to prohibit them from using it.
Trademarks can be used not only for companies but also for individuals.
When Should You Use Copyright?
Copyright should be used for original works of authorship such as:
- Written documents like novels, poems, essays, advertisements, and websites
- Songs or music
- Artistic works like paintings, sculptures, and movies
- Audio recordings
The advantage of using copyright is that you can use the courts to prevent others from stealing or misusing your work.
Why Should You Choose a Copyright Over Trademark?
Unlike trademark, copyright can be applied for online, and thus can be used to protect original content such as blog posts, music, photos or designs that are posted on websites. For instance, if you have a blog and you don’t want anyone copying your content without permission, it would be wise to register a copyright so as to ensure protection of your content.
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