Difference Between Trademark, Registered Trademark & Copyright
Welcome to Pro Legal, your comprehensive source for all things legal. Today, we're diving into the intriguing world of intellectual property, specifically focusing on the difference between a trademark, a registered trademark, and copyright.
Trademark
A trademark is a symbol, word, or phrase used to identify and distinguish the goods or services of one entity from those of others. It helps in creating a brand identity and ensures that consumers can identify the source of a product or service. Trademarks are crucial for businesses as they protect brand reputation and prevent others from using similar marks that could confuse consumers.
Registered Trademark
A registered trademark, on the other hand, is a trademark that has been officially registered with the relevant government authority, such as the Intellectual Property Office in the UK. The registration provides legal protection, allowing the owner to take legal action against anyone who uses the mark without permission. Registered trademarks are denoted by the ® symbol.
Benefits of Registration
- Legal Protection: Registration grants the exclusive right to use the trademark in connection with the goods or services for which it is registered.
- Deterrence: The ® symbol serves as a public notice of ownership, discouraging others from using the mark.
- Economic Value: Adds value to the brand, which can be monetised through licensing or selling.
Copyright
Copyright protects original works of authorship, such as literary, dramatic, musical, and artistic works, as well as certain other intellectual works. Unlike trademarks, which protect brand identity, copyright protects the expression of ideas. In the UK, copyright arises automatically upon the creation of the work and does not require registration.
Protected Works
- Books, articles, and other literary works
- Music and lyrics
- Paintings, drawings, and sculptures
- Films and videos
- Software and databases
Comparison Table
Comparison of Trademark, Registered Trademark, and Copyright
| Aspect |
Trademark |
Registered Trademark |
Copyright |
| Purpose |
Identify and distinguish goods/services |
Identify and distinguish goods/services (with legal protection) |
Protect original works of authorship |
| Symbol |
™ |
® |
None |
| Registration Required? |
No |
Yes |
No |
| Legal Protection |
Limited |
Strong |
Automatic upon creation |
In summary, understanding the differences between a trademark, a registered trademark, and copyright is essential for protecting your intellectual property and ensuring your rights are upheld. By knowing these distinctions, you can better navigate the legal landscape and safeguard your creative and brand assets.
Thank you for reading this guide on Pro Legal. We hope this article has shed light on the nuances of intellectual property rights. Stay tuned for more insightful articles that help you navigate the complex world of law.
