Trademark
A trademark is a unique symbol, logo, word, or phrase that identifies and distinguishes a company’s products or services from others (e.g., Nike’s “Swoosh” logo or Coca-Cola’s brand name).
Copyright
Copyright protects original creative works like books, music, films, software, and art by giving the creator exclusive rights to use and distribute them (e.g., J.K. Rowling’s Harry Potter books).
Table of Contents
12 Differences Between Trademark and Copyright (Table Format)
| Feature | Trademark | Copyright |
|---|---|---|
| Purpose | Protects brand identity (logos, slogans) | Protects creative works (books, music, code) |
| What It Covers | Business names, logos, taglines | Books, songs, paintings, software |
| Protection Duration | Can last forever if renewed (e.g., every 10 years) | Usually lasts the creator’s life + 50-70 years |
| Registration Required? | Yes (for full legal protection) | No (automatic upon creation) |
| Example | McDonald’s “Golden Arches” logo | The movie Avatar |
| Prevents Others From… | Using similar marks to confuse customers | Copying, distributing, or selling the work |
| Governing Law | Trademark Act (varies by country) | Copyright Act (varies by country) |
| Symbol Used | ™ (unregistered) or ® (registered) | © (copyright symbol) |
| Enforcement | Stops competitors from using similar brands | Stops piracy/unauthorized copying |
| Renewal Needed? | Yes (periodic renewals) | No (automatic for decades) |
| Applicable To | Businesses and commercial brands | Artists, authors, programmers |
| Common Misuse | Copying a logo to sell fake products | Pirating movies or software |
What is a Patent?
A patent is a government-granted monopoly that gives inventors exclusive rights to make, use, or sell their invention for a limited time (usually 20 years).
- Examples:
- A new type of smartphone battery.
- A pharmaceutical drug formula.
- Requirements:
- Must be new, useful, and non-obvious.
- Must be publicly disclosed in the patent application.
What is a Trade Secret?
A trade secret is confidential business information that gives a company a competitive advantage and is not publicly known.
- Examples:
- Coca-Cola’s secret recipe.
- Google’s search algorithm.
- Protection Method:
- No registration needed.
- Protected through NDAs (Non-Disclosure Agreements) and security measures.
- Duration:
- Lasts forever if kept secret (unlike patents).