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What is the difference between copyrights and trademarks? 

On Behalf of | Jan 24, 2025 | Intellectual Property

The business world is very competitive. Some businesses will do whatever it takes to get a leg up in the economic world, even if that means stealing and cheating their way to the top. As a result, many honest businesses will face liability issues when their products, services and even identity are used without permission. There are several ways businesses can protect their intellectual properties (IP) and that is by registering a copyright or trademark.  

Copyrights and trademarks have very distinct uses. Businesses can learn the difference between these two IP protections and how to use them to protect their legal interest and profit from their creative works. Here is what you should know:

Copyrights: Protecting an original work

Copyrights are used to protect original works that exist in a tangible, such as art, books, photos, songs and software code. Copyrights are registered with the U.S. Copyright Office. 

A copyright would protect an owner’s right to decide how an original work is used. They would have exclusive rights to reproduce, distribute or display their work or grant permission to others to do the same. If an unauthorized party used an original work without permission, the owner of the copyright could seek to recover damages through an infringement case.

For example, if a programmer created a software code used for phones, they could protect it with a copyright. If another party uses that code for a phone app and makes a profit, the owner of the copyright could file a software litigation case for infringement and recover damages for the use of the coding. 

Trademarks: protecting a brand identity 

Trademarks are similar to copyrights — except they protect a business’s identity. A business can register a trademark for the exclusive use of words, slogans, symbols and other branding. Trademarks are registered with the United States Patent and Trademark Office (USPTO). Businesses can use trademarks to protect other parties from using their identity, which could severely harm their reputation and good standing with consumers. 

A famous trademark is Amazon’s smile. The smile logo is protected from being used by their parties unless Amazon permits them. Using the smile logo without permission could lead to litigation cases. Explore your business or individual trademark and copyright protection options with legal guidance.

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