Trademark vs Copyright
If you create a product, whether it is a piece of music, a novel, a gadget, an algorithm, or a new business method, you need a way to ensure that the fruits of your labor are compensated. Previously, intellectual property rights were not enforced. In the Middle Ages, anonymous authorship was actually encouraged. Today, however, people expect to receive both recognition and monetary compensation every time someone enjoys their work. This is where trademarks and copyrights come in.
Definitions of Trademark and Copyright
Trademark ‘“ anything adopted by a producer to differentiate his product or service from that of his competitors. This may include a symbol, name, illustration, catchphrase, etc.
Copyright ‘“ the exclusive right of the creator to license, copy, or market his intellectual property. This is usually applied to books, music, and films.
How Trademarks and Copyrights Work
Trademark ‘“ trademarks can be unregistered or registered. An unregistered trademark should be adopted when you first begin to market your product. Only after use can it become a registered trademark. A registered trademark comes with legal protection. It ensures that no one can create a product or service identical to yours within your geographical market.
Copyright ‘“ grants exclusive privileges to the creator of an original work. Copyright ensures that no one can copy this book without giving the creator or his heirs remuneration for the duration of the creator’s life as well as fifty years after his death. Copyright law is enforced through civil courts and often applies internationally.
History of Trademarks and Copyrights
Trademarks ‘“ were thought to be originally used by Roman blacksmiths to distinguish their work from that of their competitors. This same concept was used by masons and sculptures who built medieval cathedrals. Stella Artois, a brand of beer, claims a trademark from the 14th century onward. The first official registered trademark took place in Britain in 1875, for Bass beer’s red triangle.
Copyright ‘“ the first copyright law was the Statue of Anne, proclaimed in Britain in 1710. It was in response to publishers reprinting authors’ works after the initial contract had expired and not paying them for subsequent profits. The Statue gave authors control over reprints for fourteen years after the first publication date. Around the turn of the last century, copyright law went international.
Recognizing Trademarks and Copyrights
Trademark ‘“ is represented by a â„¢ for an unregistered trademark and ®for a registered trademark.
Copyright ‘“ can be seen as a © before the work it is copyrighting.
Summary:
1.Trademarks and copyrights are a way to register and protect intellectual property.
2.A trademark recognizes the uniqueness of your brand and prevents others from copying it and a copyright gives you exclusive rights to distribute and collect the proceeds from your creative work.
3.Copyrights have international coverage and are enforceable in civil courts worldwide, whereas a trademark, especially an unregistered trademark, will only protect you in the area in which you distribute your goods.
4.Trademarks have been registering brands for nearly 2000 years whereas copyright was codified in the early 18th century.