Intellectual property is a valuable business asset and it is important to properly protect it from misuse and misappropriation. Understanding trademark and copyright will help you manage your ownership of these intangible assets.
Trademarks and copyright are both intended to protect intellectual property, business assets that include your brand name, logo, website content and unique software. If someone uses your intellectual property without consent or licence, it could damage your brand and your reputation. They could also make a financial profit at your expense.
As well as taking steps to prevent this, you can take enforcement action if your intellectual property rights are infringed.
Trademark
A trademark is a sign or badge which distinguishes goods or services from those of others. Examples include names, logos, slogans, colours and shapes.
A trademark should be registered at the UK Intellectual Property Office (UK IPO) in order for it to be protected. To be registered, the proposed trademark must be unique and not easily confused with an existing trademark. It cannot be descriptive of the product or use a common surname or a geographical location.
It is recommended that you register your trademark to prevent someone else from doing so. Although you may be able to make a case against them even if your trademark has not been registered, it is quicker and easier to protect your brand in the first place by registering it.
Before you register your trademark, you can put the ™ symbol after your name to notify people that you consider the name to be your trademark. Once registration has been completed, you are entitled to use the ® symbol.
If your registered trademark is used by someone else, you can bring a claim for infringement. If your trademark is not registered, you may still be able to make a case in respect of passing off, but it will be harder to establish.
Copyright
Copyright is the right of the legal owner, generally the creator, to use and control their work. This includes software, website content, employee manuals, marketing materials, technical and scientific work and databases. Infringement can occur if an individual or business copies, adapts, communicates or otherwise uses the work.
Copyright is an automatic right, meaning it does not need to be registered. Once the work has been created, copyright exists. Items that are subject to copyright can be marked with the © symbol.
Key differences between copyright and trademark
As well as the difference in the types of intellectual property that copyright and trademark cover and the fact that a trademark can be registered while copyright is automatic, there are two other notable differences.
The first relates to the length of time for which they remain in force. A trademark can last indefinitely provided it continues to be in use and it is renewed every ten years. Copyright generally lasts until 70 years after the death of the creator.
The second difference relates to use. If a trademark is not in active use, then it may be challenged and could be removed from the register of trademarks. Copyright does not require active use to remain effective.
Contact our intellectual property solicitors
At Witan Solicitors we work with clients to identify, protect and utilise intellectual property. We can provide trademark and copyright legal advice and represent you in enforcing intellectual property rights where necessary.
For more information about our services, see our Intellectual Property page.
If you need advice in respect of trademark or copyright, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in Birmingham, Northampton and London.
