Trademark VS Copyright; when do I need one or both of them for protection?
A trademark and a copyright are both types of intellectual property protection that afford a way to defend against unauthorized use. While trademarks and copyrights both relate to intellectual property, each protects a different type of asset.
A copyright protects original, creative works fixed in a tangible medium. This includes books, movies, musical works, including lyrics, photos, artistic creations, web content, choreography, poetry and writing, Literary works, including computer programs and other compilations, online writing such as a blog or series of articles, pantomimes and choreographic works (if they have been recorded), pictorial works (including maps and architectural plans), graphics, sculpture, Other audiovisual works, sound recordings and architectural works etc.
While on the other hand trademarks protect names, terms, and symbol that identify and differentiate a company and its goods. A trademark gives the consumer the ability to distinguish one company’s goods from another’s. A trademark can include phrases, symbols, or designs, as well as images and colors.
Although there is a clear cut difference between works that can be protected by copyright and works that can be protected by trademark. However, there are a few exceptions that can be protected by both a trademark and a copyright. A logo is one example of this because it is a creative work and an identifying mark. Also, advertisements on vehicles can be protected by both copyright and trademark. This is because the advertisement’s text and graphicsas published on a particular vehicle, will be covered by copyright – but this will not protect the slogan as such. The sloganmay be protected by trademark law, but this will not cover the rest of the advertisement. If you want both forms of protection, you will have to carry out both types of registration.
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