What is the Difference Between a Copyright and a Trademark?

Copyrights and trademarks are two distinct types of intellectual property. Many people confuse the two types of protections and think that the two are one-in-the-same. While both are extremely useful business tools and both are extremely valuable business assets, it is important to understand the difference. It is also important to include the appropriate trademark and copyright registrations with all of your other business protections (such as incorporating).

Copyrights

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A Copyright is a form of "intellectual property." The government affords protection to original works of authorship fixed in a tangible medium – this protection is called a "Copyright." Copyright protection is given to "works," including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license a work, and derivatives to the work. Limited exceptions to this exclusivity exist for types of "fair use", such as teaching, scholarship and research.

Copyrightable works include the following categories:
literary works
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works
There are many benefits of Copyright Registration. These include the following:
Registration provides third parties with notice as to a claim of ownership of the work.

If someone copies the work, you may not file a copyright infringement suit in court until copyright registration is obtained. Registration can also enable statutory damages in the event of proven copyright infringement.

If copyright registration is made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

If copyright registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Copyright registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
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Trademarks

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A "trademark" is a word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Trademarks might include:
Word marks, such as: MyCorporation.com®, which is used in connection with online business filing services.

Phrases, such as "Business Starts Here!"
The following is a list of just a few of the benefits enjoyed by owners of REGISTERED trademarks:
The legal right to display the "®" symbol with your trademark.

Provides third parties with notice of your claim to the trademark.

Domain name conflicts are often solved QUICKLY, economically (without judicial proceedings), and in favor of the trademark owner.

The owner of a registered trademark can, in many cases, receive a court-awarded judgment for THREE TIMES the amount of damages suffered.
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Summary of Comparison:

In summary, trademarks are used to protect words, logos, or phrases. Copyrights are used to protect original works of authorship, such as a book, website content, or photograph. Both types of "intellectual" property, if adequately protected, are assets to a business. If a business is sold, it is far more valuable with successfully protected trademarks and copyrights. While it is easy to forget to protect these business assets, it can save time and money to protect your trademarks and copyrights right away.

Register Your Trademark Now!
Trademark Frequently Asked Questions

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Copyrights Frequently Asked Questions

How Can MyCorporation.com Help You?

MyCorporation.com offers a full line of document filing services in any state:
Form a NEW Corporation
Form a NEW LLC
Visit our FREE Online Trademark Search Facility
Other Corporate Filings/Services Include:

Initial/Annual Report Filings for Corporations and L.L.C.s

Change Corporate Name

Foreign Qualifications for Corporations and L.L.C.s

Registered Agent Services (any state!)

Corporate Kits

LLC Kits

Customized Corporate Minutes and Bylaws

Custom Corporate Seal/Embosser

Stock Membership Certificates

LLC Customized Operating Agreement

Articles of Dissolution

Certificates of Good Standing

Federal Tax Identification Number

Name Availability Checks

Name Reservation Requests

Although MyCorporation.com is happy to assist you with all of your document filing needs, I strongly urge you to speak with a licensed professional who can provide you with sound advice as to the form of entity that best suits your particular needs.

Good luck in all your business endeavors!

Deborah Sweeney, Esq.
Vice President of Business and Legal Affairs
My Corporation Business Services, Inc.

About the Author:
Deborah S. Sweeney is a licensed attorney and a member of the California State Bar. She is a member of the San Fernando Valley Bar Board of Trustees, and serves on the alumni board for Pepperdine University's Center for Entrepreneurship. Ms. Sweeney is currently the Vice President of Business and Legal Affairs for MyCorporation Business Services, Inc.