Patent, copyright and trademark law all fall under the umbrella of intellectual property, which protects different elements of your business, such as your name, logo and inventions.
According to the U.S. Copyright Office, a copyright is a form of protection for “original works of authorship fixed in a tangible medium of expression,” covering both published and unpublished works. Copyright protections cover a wide range of works, including literary, dramatic, musical and artistic works, such as poetry, novels, songs and architecture. Copyright does not protect ideas, facts, systems or methods of operation.
On the other hand, a trademark is a word, phrase or logo that identifies a product or service used to distinguish itself from competitors. Trademark law is intended to protect established businesses from infringers who want to trick consumers into purchasing their products or services by capitalizing on a stronger brand name. Trademarks can be registered with the U.S. Patent and Trademark Office, though you don’t have to trademark your business name, logo, URL or other assets to start doing business. However, it can be very difficult to make a case against copyright infringers if you haven’t already trademarked your business.
While copyright laws protect original works of authorship, such as novels, music and works of art, they do not protect names, phrases or logos. Rather, those elements are protected under trademark laws. Usually, copyright and trademark do not overlap, but they can be used to protect different elements of an object or project. For example, the artistic elements of a logo may be protected under copyright law, while the logo itself is protected under trademark laws.
Truthfully, patents, trademarks and copyrights are all a part of intellectual property, but they each serve important and specific functions.
If a design has the minimal creativity required for copyright protection, and is used in connection with the offering of a product or service, it may be eligible for both copyright and trademark protection. An example of a design that has both copyright and trademark protection is Mickey Mouse – at least as of April 2020, when the copyright term has not yet expired. Mickey Mouse is covered by copyright as graphical work of art, or a character, and by trademark because it’s a symbol used in the marketing and sale of motion pictures, among many other things.
Why does it matter? For one thing, unlike copyright protection, trademarks never expire – so the protection could continue forever, in theory.
