Sometimes companies don’t realize that they have intellectual property that should be protected. That’s partially because the laws and regulations surrounding patents, trademarks, and copyrights are so complicated. The two types of intellectual property that might cause the most confusion are the trademark and the copyright. They seem similar but actually are very different.
First, Let’s Look at What’s Similar Between a Trademark and a Copyright
Well, they are both types of intellectual property. But what is meant by the term ‘intellectual property’? The definitions may vary slightly depending on the source, but it generally means:
“… intellectual property is any product of the human intellect that the law protects from unauthorized use by others … Intellectual property is traditionally comprised of four categories: patent, copyright, trademark, and trade secrets.”
Both a trademark and a copyright can be considered valuable business assets. For example, Coca-Cola has trademarked a particular color of red that sets its products apart from other beverages. And 20th Century Fox once sued Universal Studios over copyright infringement claiming that Universal stole ideas from “Star Wars” when it created “Battlestar Galactica.”
So, what are some specific differences between a trademark and a copyright?
Definitions
As mentioned above, they are both types of intellectual property. The other common types are patents and trade secrets.
- ‘Trademark’ means something that identifies your company’s products or services. This includes words, symbols, colors, sounds, or any combination of marks.
- ‘Copyright’ by its most simple definition, is the right to copy. However, the creator of the material or owner of it has the exclusive right to “reproduce, distribute, perform, display, license and to prepare derivative works based on the copyrighted work.”
How companies can protect these valuable business assets also differs.
Protections
The United States Constitution provides for the protection of copyrights, but not trademarks. Instead, trademarks are generally covered under the Commerce Clause of the Constitution.
State and federal protections exist for both trademarks and copyrights:
Trademarks may be registered with the United States Patent and Trademark Office (PTO) and with the Florida Secretary of State’s Office.
Federal trademark registration protects your brand from being used nationwide. However, you can establish a ‘brand’ without registering your trademark. Registration could make help you make a stronger case for trademark infringement. Also, note that you cannot use the federal trademark registration symbol until you register the mark with the PTO.
You also do not have to apply for copyright protection, although it is a good idea. Your copyrightable material receives protection automatically when you create it.
In some cases, you may register your work product to receive copyright protection if you choose. Copyright infringement occurs when someone steals or misappropriates your copyrighted material. If this happens, you may have grounds to sue the person or company committing the infringement.
Enforcement
Here, again, differences between a trademark and a copyright exist.
Federally-registered trademarks can be enforced in federal or state court. Marks that are only registered in Florida are enforced in Florida state courts.
However, copyright infringement cases are filed in federal court.
Call to Discuss Your Trademark and Copyright Concerns
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.