Should I Copyright or Trademark First?
When it comes to protecting your intellectual property, copyright and trademark are two of the most important legal tools available. But which one should you pursue first?
Generally, if you’re using your logo in relation to your business and you’re selling goods or services utilizing the logo, filing a trademark application should be at the top of your priority list.
Here are some key points to consider when deciding whether to copyright or trademark first:
• Copyright protects the creative expression of an idea, while trademark protects the brand identity of a business.
• Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works.
• Trademark is a form of protection for words, phrases, symbols, or designs that identify and distinguish the source of the goods of one party from those of others.
• Copyright does not protect ideas, only the expression of ideas.
• Trademark does not protect ideas, only the source of goods or services.
• Copyright registration is not required for protection, but it is recommended as it provides additional legal protection.
• Trademark registration is required for protection and provides additional legal protection.
• Copyright protection lasts for the life of the author plus 70 years.
• Trademark protection lasts as long as the mark is used in commerce.
Ultimately, the decision of whether to copyright or trademark first depends on the type of intellectual property you are trying to protect. If you are creating a logo or brand identity for your business, trademark should be your first priority. If you are creating a work of art or literature, copyright should be your first priority.
No matter which type of protection you pursue first, it is important to remember that both copyright and trademark are important tools for protecting your intellectual property.
