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Copyright and trade marks are both important types of intellectual property in the UK. Both provide essential protections for your products or services and provide you with exclusive rights over your intangible assets. Legal protection is vital for any business, and there is no hierarchy of importance unless one type of IP is more advantageous to a particular product or service. However, there are benefits to both copyright and trade marks, which we will discuss in this article.
Key Differences Between Copyright and Trade Marks
Copyright and trade marks serve two different purposes concerning intellectual property. Copyright protection provides you with exclusive rights over the use of your original work, whereas trade marks protect specific identifiers of your brand, such as symbols or logos. Therefore, copyright is more associated with a particular product, whereas trade marks protect your overall business brand.
The length of protection between the two types of IP rights is also very different. The length of copyright protection depends on the type of work you are protecting and the length of the creator’s life. For example, copyright protects written or artistic works until 70 years after the author’s death. After this time has passed, anyone in the public domain can use the copyrighted work without permission. On the other hand, trade marks last indefinitely, provided the owner uses them and renews them every ten years.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
The Importance of Copyright
Copyright protection in the UK is an automatic right. This means you do not have to apply to the Intellectual Property Office to achieve legal copyright protection. Further, you also obtain this automatic right upon creating your copyrighted work, such as:
- artistic work;
- non-literary and literary work;
- films and television;
- sound recordings; and
- photography.
The legal protection afforded by copyright law is only given to original work and provides your business with exclusive rights over the usage, transfer and any modifications of the work. This means you can take legal action against anyone who uses your copyrighted work without your permission.
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The Importance of Trade Mark Protection
Trade marks can exist in unregistered and registered forms. However, a registered trade mark provides much greater legal protection. To successfully register your trade mark, you must apply to the Intellectual Property Office and prove your mark is distinctive and unique. Trade marks are useful for any size of business, whether you are a startup or a long-established brand. They create strong brand recognition among consumers and make it easier for customers to notice your products or services in a crowd of competitors.
If your goods or services business has not yet obtained trade mark protection, it is highly advisable to register with the Intellectual Property Office as quickly as possible. Your intellectual property rights under trade mark protection are crucial in protecting your business against competitors and your brand reputation.
Key Takeaways
In the UK, copyright and trade marks are both important types of intellectual property protection. Copyright will not always apply to your business, as it is exclusive to original and creative works such as film, television, music and art. In contrast, trade marks are available to any type of business and can take the form of logos, slogans, colours and symbols. They are essential brand identifiers and can be hugely valuable as business assets.
Both types of intellectual property provide exclusive rights over the thing they protect. Therefore, both types are equally important. It is more a case of which is better suited to your business or brand.
If you need help or advice around copyright protection or trade mark registration, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Copyright protection provides you with exclusive rights over the use of your original work, whereas trade marks protect specific identifiers of your brand, such as symbols or logos.
Copyright protection in the UK is an automatic right. This means you do not have to apply to the Intellectual Property Office to achieve legal copyright protection.
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