Trademark vs copyright: what’s the difference?

A trademark protects brand identifiers such as a business name, logo, slogan or distinctive sign, while copyright protects original creative works such as written content, artwork, photography, video, music and software. Both are forms of intellectual property, but they protect different assets, arise in different ways and last for different periods.

Understanding the difference between a trademark and copyright can help you protect the right assets, reduce the risk of copying, and build a stronger, more defensible brand.

Why intellectual property is important

Intellectual property (IP) is anything your business creates using your intellect.

While it doesn't have a physical form, IP covers everything from inventions and prototypes that could be turned into marketable goods and services, through to your brand such as logos and marketing materials.

Intellectual property is the same regardless of the difference between trademark and copyright approaches to how IP itself is protected.

It's important to protect your intellectual property as it has value and can be sold, licensed and even used as security for investments.

Not protecting your IP can see your business lose out financially.

For example, a competitor may steal or copy your IP, such as creating a similar logo that confused customers to the extent that your business loses sales.

What’s the difference between a trademark and copyright?

In simple terms, a trademark protects the signs that distinguish your business in the market, while copyright protects the original creative work your business produces. For example, your business logo may be protected as a trademark, while the artwork file, website copy or product photography may be protected by copyright.

The right protection depends on the asset you want to protect, how it is used, and where you need protection to apply.

What is copyright?

Copyright gives creators and businesses legal rights over original creative work they produce.

It can apply to original written content, graphic designs, videos, software, photographs, films, music and sound recordings.

Copyright protects the expression of an idea, rather than the idea itself.

Copyright can be sold or assigned to others, and usually work created by employees is owned by the business.

What is a trademark?

A trademark protects the words, designs or signs that customers use to recognise your business, products or services.

It is designed to protect brand identifiers such as your business name, product name, logo, slogan, colours, shapes or symbols.

Registering a trademark can help prevent competitors from using a confusingly similar brand identity in the same or related market.

Both copyright and trademark rights are territorial, meaning protection can depend on where you operate and where protection has been recognised or registered.

Having protection in the UK does not necessarily mean you have the same protection internationally.

Copyright protection is automatic in all countries signed up to the Berne Convention, but different countries have different levels of protection and enforcement.

The four main differences between trademark and copyright are how protection starts, what each right protects, how long protection lasts, and whether the asset must be actively used.

1. Copyright vs trademarks: how work is protected

Copyright is an automatic right that is assigned to you or your business as soon as an original piece of work is created.

You don't need to register for copyright protection and all the rights offered by copyright protection apply straightaway.

It's a good idea to add a copyright symbol (©) to any creative work you produce as it makes it easier to take legal action should someone use that work without permission.

In contrast, trademarks must be registered to have protection.

In the UK, you must apply to the UK Intellectual Property Office (UKIPO) to register a trademark, and the process should take around four months if there are no objections.

Your trademark must be unique and during the registration process you can use the symbol ^TM after the item you wish to trademark and the symbol ® when the trademark has been registered.

Once a registered trademark has been granted, you can legally prevent others from using or copying your trademark for similar goods or services where it could cause confusion.

2. Copyright vs trademarks: what they protect

Copyright is designed to protect your intellectual property from being used without your permission.

You are free to allow others to use your work, to determine how that work is used, and have the right to be identified as the creator of the work.

You can also sell or assign copyright to others. However, other people cannot copy, distribute or use your work without your permission.

Trademarks are designed to protect the unique elements that identify your brand or goods.

From unique slogans such as 'Heinz Meanz Beanz' to logos such as the Olympic Rings, any combination of logo, name, colours, words and symbols that are used to identify your business can be trademarked.

Trademarks are designed to ensure other businesses cannot use your brand.

3. Copyright vs trademarks: how long they last

Copyright is usually automatic, but it does not last forever.

In many cases, copyright protection lasts for the creator’s lifetime plus 70 years, although the exact term can depend on the type of work and who created it.

After this, the work falls into the public domain and becomes free for anyone to use.

People and businesses can use, modify and sell work that is in the public domain without having to seek permission.

Trademarks can last indefinitely, provided they are renewed and continue to be actively used.

In the UK, a trademark must be renewed every ten years to ensure it is protected. There is no limit to how often it can be renewed.

4. Copyright vs trademarks: active use

Copyright protection doesn't require that you actively use the copyrighted work.

Your copyright remains intact for the entire duration of the copyright period. You also don't need to do anything to ensure copyright protection.

You can choose to enforce your copyright at any time during the copyright period.

Trademarks, however, need to be actively used or you risk losing them.

If you do not actively use your trademark within a five-year period, such as on packaging, signage, your website or marketing materials, it can be challenged as inactive and removed from the trademark register.