What is the difference between copyright and trademark?

In England and Wales, copyright and trademark are two distinct forms of intellectual property protection that serve different purposes. Here’s a breakdown of the differences between copyright and trademark:

Copyright:

Definition:

Copyright protects original creative works, such as literary, artistic, musical, or dramatic works, including books, paintings, songs and plays.

Automatic Protection:

Copyright protection is automatic upon the creation of the work. There is no need to register the work, although it is advisable to mark it with the copyright symbol (©), the year of creation and the copyright owner’s name.

Duration:

Copyright protection generally lasts for the life of the creator plus 70 years after their death. In the case of works created by multiple authors or works created by corporations, the duration may vary.

Rights Granted:

Copyright grants the creator exclusive rights to reproduce, distribute, display, perform and create derivative works based on the original work.

Infringement:

Copyright infringement occurs when someone uses, copies or distributes copyrighted material without permission from the copyright owner. Infringement can lead to legal action and potential damages.

Trademark:

  1. Definition:

Trademark protects distinctive signs, symbols, logos, names, or phrases that distinguish goods or services of one business from those of others.

  1. Registration:

Trademarks must be registered with the Intellectual Property Office (IPO) in the UK to obtain legal protection. Registration provides stronger rights and evidence of ownership.

  1. Duration:

Trademark registration is initially valid for ten years and can be renewed indefinitely as long as the mark is actively used and maintained.

  1. Rights Granted:

Trademark registration grants the owner exclusive rights to use the mark in connection with specific goods or services. It prevents others from using a similar mark that may cause confusion among consumers.

  1. Infringement:

Trademark infringement occurs when someone uses a similar mark or a mark that is likely to cause confusion with a registered trademark. Infringement can lead to legal action, damages and potential loss of the infringing party’s goods or services.

In summary, copyright protects original creative works, while trademarks protect distinctive signs used to identify goods or services. Copyright protection is automatic and lasts for a specific duration, while trademark protection requires registration and can be renewed indefinitely. Understanding the differences between copyright and trademark is crucial for creators and businesses to protect their intellectual property rights effectively. It is advisable to consult with an intellectual property lawyer for specific guidance and assistance in registering and enforcing copyright and trademark protection.

At Alexander JLO we are experts in the field of Intellectual Property. For a free, no obligation consultation why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here

 

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