Do You Need a Trademark or a Copyright?

In conversations with business owners about intellectual property, the words trademark, copyright, and patent are often used interchangeably. These terms are not usually taught in school, so let us break down trademarks and copyrights with a short word on patents.

Intellectual property is property that derives from the work of the mind. It is a creation you can own as actual property, but it must first materialize in some way. An original thought alone does not give you protection or ownership.

Copyrights

Copyrights cover original artistic works, including poetry, movies, books, photographs, paintings, plays, and even a website. The underlying idea is not protected by copyright; rather, it is how the idea is expressed. Artistic works are automatically protected once created, but registration can be necessary to bring a suit if someone else uses the work.

Trademarks

While copyrights deal in artistic creations, trademarks are more about brand identity. Your business name, logo, or slogan can be protected by a trademark. Trademark protections for marks come from actual use in commerce. Registration is not mandatory, but a registered trademark gives the public notice of ownership and exclusive rights connected to the goods or services in the application.

The goal of a trademark is to strengthen the connection between a mark and your business. When done right, a consumer seeing your name, logo, or slogan should immediately think of your business.

Patents

Patents protect inventions. They are extremely technical and are generally divided into design patents and utility patents. If you invent a new process or design, speak to a patent attorney.

Consult an attorney if you need more information on the intellectual property you hold and how to protect it. This is not an area where you want to cut corners or DIY a process.