Key highlights
- Trademarks protect brand names, logos and slogans, while copyrights safeguard original content like articles, images and videos.
- Businesses need trademarks to secure their brand identity and copyrights to protect their creative work.
- Registering a domain name early helps prevent others from using a similar brand name online.
- Bluehost offers domain registration services to help businesses secure their online presence.
- Website security features like SSL certificates, privacy protection and backups help protect copyrighted content.
- Trademark and copyright protections vary by country, requiring businesses to plan for international protection.
Introduction
Building a successful business takes creativity and effort. From selecting your brand name to creating original content, every step requires dedication. Imagine putting in all the hard work, only for someone to start using your work or claims your ideas as their own.
The good news is intellectual properties like trademarks and copyrights help protect your brand and creations. Every year, the United States Patent and Trademark Office receives thousands of trademark applications, highlighting the growing need for brand protection.
However, deciding between trademark vs copyright can be tricky. While trademarks protect brand names and logos, copyrights safeguard creative works. So, which one does your business need?
This blog navigates the major differences between trademark and copyright and helps you choose the right protection for your business.
What is a trademark?
Trademarks distinguish one business from another and protect brand names, logos, words or phrases, a product or service and more. Any word, design or phrase that identifies your brand and its goods or services can be considered a trademark.
It is established through the consistent use allowing you to use the ™ symbol. Although registering a trademark isn’t a legal requirement, doing so grants exclusive rights and allows you to use the registered trademark symbol (®).
For example:
Nike’s “Swoosh” logo is a registered trademark. You’ll often see it displayed with the ® symbol, indicating legal protection.
How to register a trademark
A trademark is registered under the U.S. Patent and Trademark Office.
To kick-start the trademark application process:
- Decide the trademark you want to register. Do you want to protect a brand, jingle, color scheme, slogan or product name?
- Determine whether your proposed trademark is already in use. You can run a trademark search through the USPTO’s trademark database before filing a trademark application for your business name.
- Apply for registration by either filing the application yourself or hire a trademark lawyer for legal advice.
How long does trademark protection last?
Once registered, your trademark protection is active for 10 years from the date of your application. It doesn’t expire but you have to renew it to keep it active. If you fail to do so, it can cause the loss of legal protection.
What is a copyright?
Copyright law protects original authorship work like music, art, books, architecture, research, sound recordings, motion pictures and software code.
The copyright owner has exclusive rights to display, reproduce, publish or perform the work.
You don’t need to register a copyright to receive protection, your work is automatically protected the moment it’s created. As long as your ideas or creative works are fixed in a tangible form (such as written, recorded or digital content), they are covered under copyright law.
Registering a copyright grants you the right to sue if someone uses or reproduces your work without permission because you can easily prove you’re the original owner.
For example:
When you create a WordPress website, you’ll be up and running in no time. But once the dust settles, you can copyright your website content to avoid headaches while you work on building your brand.
How to register a copyright
Registering a copyright requires that you submit the following to the U.S. Copyright Office:
- Fill in the application form online or mail it to the concerned authority
- Submit the copy of your work as proof
After copyright registration, expect to receive your certificate by mail.
- If approved, you can use the copyright symbol (©)
- If rejected, you’ll receive a letter explaining why
How long does copyright protection last?
In the U.S., copyright lasts for the author or creator’s life plus 70 years (for works created after January 1st, 1978). In addition, works created on or after January 1978 don’t necessitate renewal registration.
Trademark vs copyright: What’s the difference?
A trademark restrains others from using similar brand names/phrases, whereas copyright prevents others from copying or reproducing your work.
This table will help you understand the difference between trademark versus copyright
| Feature | Trademark | Copyright |
| What it protects | Brand names, logos, slogans, symbols and product identifiers, preventing trademark infringement | Original creative works such as articles, images, videos, music and software |
| Purpose | Prevents others from using similar marks that could confuse customers | Protects against unauthorized copying, distribution or reproduction of creative content |
| Registration requirement | Not required, but registration grants exclusive rights and stronger legal protection | Automatically granted upon creation, but registration strengthens enforcement rights |
| Symbol used | ™ (Unregistered) or ® (Registered) | © (Copyright) |
| How it’s obtained | Established through consistent use; registered with the U.S. Patent and Trademark Office (USPTO) | Automatically applies when the work is created in a tangible form; can be registered with the U.S. Copyright Office |
| Duration of protection | 10 years (renewable indefinitely with continued use) | Life of the author plus 70 years (for works created after January 1, 1978) |
| Legal action for infringement | Allows the owner to take legal action if someone uses a similar mark in the same industry | Gives the owner exclusive rights to control reproduction and distribution, with the ability to sue for unauthorized use |
| Best for | Businesses protecting their brand identity | Creators protecting their original content |
Which intellectual property does your business need?
Selecting between trademark vs copyright depends on what aspect of your business you want to protect.
A trademark is ideal if you need to:
- Establish a strong brand presence, especially online
- Secure your brand identity, including your business name, logo, slogan or product name
- Prevent others from using similar marks that could confuse customers
Copyright is ideal when you need to:
- Protect original creative content, such as blog posts, website content, images, videos, music and software
- Rely on unique content creation, ensuring that your work isn’t copied or used without permission
Essentially, copyright prevents others from copying or reproducing your work, whereas a trademark prevents others from using confusingly similar brand names/phrase. Depending on your business requirements, you can use both for comprehensive protection.
Additional security measures to protect your business
While many online businesses focus on the trademark vs copyright debate, other essential security measures should not be overlooked. Cyber threats, domain hijacking and data breaches can put your brand and intellectual property at risk. Implementing strong website security measures alongside legal protections ensures comprehensive brand safety in the online world.
Also read: Protecting Your Website From CyberThreats With SiteLock Security
Domain registration and brand protection
Your domain name is a crucial part of your brand identity. Registering a domain early helps prevent others from using a similar name, reducing the risk of brand confusion or cybersquatting. Registration can be tedious, but if you partner with a reliable domain registrar service, the process smoothens.
Bluehost offers trusted domain registration and privacy protection services to help businesses secure their online presence and protect their brand from misuse. Once you have selected the ideal domain name and the length of its registration, our system will automatically register it for you.
Start by searching for an available domain that represents your brand.
International trademark and copyright protection
Trademark and copyright laws vary across countries, making global protection an important consideration for businesses expanding internationally. Register your trademark in key markets and ensure copyright compliance to prevent unauthorized use of your brand and creative assets worldwide.
Security enforcement
Protecting your business means more than securing trademarks and copyrights, it also requires online security. Execute strong security measures to prevent data breaches, cyberattacks and unauthorized access to your website and digital assets.
Beyond domain registration, Bluehost provides essential security features to safeguard your website and brand. These include:
- Data encryption: SSL Certificates encrypt data to secure customer transactions.
- Domain security: Domain privacy protection shields your information from public access.
- Website protection: Website security ensures your content is recoverable in case of cyber threats, unauthorized access, malicious attack or accidental loss.
Licensing and intellectual Property
Proper licensing agreements help businesses retain control over their trademarks, copyrighted content and proprietary assets. Whether you are allowing others to use your brand name or licensing creative works, having the right legal framework in place prevents misuse and ensures compliance.
Final thoughts
Protecting your business requires more than choosing between trademark vs copyright. It is about securing your brand, content and online presence. While trademarks protect brand identity and copyrights safeguard creative works, domain registration and online security are equally crucial.
With Bluehost’s domain registration and security features, you can protect your brand name, secure the website and prevent cyber threats. Combining legal protections with strong digital security ensures your business stays safe in an increasingly competitive online world.
Are you looking to safeguard your brand and its online presence? Connect with Bluehost to learn more.
FAQs
Whether you require a trademark, copyright or both depends on your business requirements. Trademark is essential to protect your brand identity including the brand name, logo, slogan and product name. Copyright protects original work such as research papers, books, music and software code. You will require both in case you want to protect your brand identity and original work.
No, trademarks don’t override copyrights because these two forms of intellectual property rights serve different purposes.
Yes, as soon as you create original work, the material is automatically copyrighted. However, to prevent anyone from infringing upon your copyright, you’ll have to register it.
You trademark a company name, logo or slogan to safeguard the brand identity and prevent others from using a similar name in the same industry. A copyright, on the other hand, protects creative works like website content, marketing materials and original designs. If you want to secure your company’s name and branding, trademarking is the right choice.
A trademark safeguards a brand’s identity while a copyright protects original creative works. Intellectual property protection, or IP, on the other hand, is an umbrella term that comprises trademarks, copyrights, patents and trade secrets. It covers all legal protections for your brand.
