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trademark vs copyright

What's the difference between trademark and copyright? Here's the clear answer, with examples of each.

Quick answer

A trademark is a registered word, symbol, or phrase that identifies a company's product and sets it apart from competitors. Copyright is the legal right to control who may reproduce, publish, or distribute a creative work. A logo is trademarked; a novel or song is copyrighted.

The core difference

A trademark protects a brand identifier, while copyright protects a creative work itself.

  • trademark — a registered word, symbol, or phrase identifying a company's product: The logo is a registered trademark of the company.
  • copyright — the legal right to control reproduction, publication, or distribution of a creative work: The author retains copyright on all her novels.

How to tell them apart

A simple way to separate them: a trademark protects how customers recognise a brand, a name, logo, or slogan used in trade, while copyright protects the work itself, the actual text, image, music, or design that was created. A company's name is trademarked; the words in its advertising copy are copyrighted.

Both words can also work as verbs, and both compound from their own parts: trademark joins trade and mark, copyright joins copy and right. The mix-up usually comes up around logos, since a logo can carry both protections at once, its design copyrighted as a creative work and its use as a brand identifier trademarked.

Frequently asked questions

Can something be both trademarked and copyrighted?
Yes, a logo is a common example: its artistic design can be protected by copyright while its use to identify a company's products is protected by trademark.
Does trademark only apply to logos?
No, a trademark can be a word or phrase as well as a symbol; the ground sense also extends to a distinctive feature someone is known for, such as a signature style.
Do I need to register a copyright the way I register a trademark?
The word copyright covers the legal right to control a work and the act of securing that protection, but the underlying registration requirements are a legal matter beyond this dictionary entry.
Usage guides: FreeDict original editorial.