Trademark or Copyright: Which One Does Your Business Need?

When you create a brand, a logo, or any original content, protecting it is critical, but it's important to know the right way to do it. Copyright protects original creative works like articles, designs, and music, automatically giving the creator exclusive rights.

A trademark, on the other hand, protects elements that define your brand, such as your business name, logo, and slogans, to prevent customer confusion. Understanding this key distinction is essential for properly safeguarding your intellectual property and building a secure brand identity.

What Is Copyright?

Copyright is a fundamental legal protection granted to the creators of original works, ensuring they have exclusive rights over their creations. This protection applies to a wide range of content, including written materials, software code, videos, photographs, music, and various forms of artwork. A key aspect of copyright is that it is an automatic right; a work receives legal protection the moment it is created and fixed in a tangible form, whether that's on paper, a digital file, or a recording. This means that creators don't need to formally register their work for it to be protected, although registration can offer additional legal benefits. Essentially, copyright empowers creators by giving them control over how their work is used and distributed from the very beginning.

What Does Copyright Protect?

Copyright applies to a wide range of creative expressions, including:

• Written content (books, blog posts, articles)
• Music and audio (songs, sound recordings)
• Visual works (photography, illustrations, graphic design)
• Film and video (movies, vlogs, short clips)
• Software (apps, custom code, website content)

This makes copyright particularly important for content creators, developers, designers, and any brand building a digital presence.

Key Features of Copyright

• No Registration Needed – Your work is protected automatically once created and fixed in a tangible format.
  
  
• Long-Term Coverage – In most countries, copyright lasts the lifetime of the creator plus an additional 70 years.
  
  
• Exclusive Rights – You have control over how your work is used, reproduced, or monetized. Others need your permission to copy or distribute it.

For more information on copyright in Canada, visit the Canadian Intellectual Property Office (CIPO) or check the U.S. Copyright Office for U.S.-specific guidelines.

What Is a Trademark?

A trademark protects each of the unique identifiers for your brand such as any business name, logo, tagline, and even a product design. In a crowded marketplace, customers recognize you. Protecting that which makes your brand distinct is important too.

Common trademarked elements include:

• Business names – e.g., Nike®
• Logos or slogans – e.g., “Just Do It”
• Product names – e.g., iPhone®
• Packaging shapes or design – e.g., the Coca-Cola bottle silhouette

Why Trademarks Matter for Your Brand

A trademark offers more than just legal protection. Your identity along with your reputation are strengthened. Here's why it’s essential, especially when using a premium domain like .INC:

• Prevents Brand Confusion – It ensures no one else can legally use a name or design that's too similar to yours.
  
  
• Builds Customer Trust – A registered trademark signals professionalism and consistency, two things customers rely on when making decisions.
  
  
• Supports Legal Action – It gives you the right to enforce your brand through cease-and-desist letters or lawsuits, if necessary.

To register a trademark, you’ll need to file with an official government office, such as the U.S. Patent and Trademark Office (USPTO). In Canada, filings go through the Canadian Intellectual Property Office (CIPO).

‍

Copyright vs. Trademark: Key Differences You Should Know

When protecting your creative work or building a business brand, it’s essential to understand the difference between copyright and trademark. While both are forms of intellectual property, they serve distinct purposes and choosing the right one can save you from legal and branding issues later.

Here’s a quick breakdown:

What Copyright Protects:

• Original creative works such as books, songs, designs, photography, and written content.
• It’s automatically granted once the work is created no registration required (though optional registration can offer stronger legal protection).
• Duration: Generally lasts for the creator’s lifetime plus 70 years.
  
  

What Trademark Protects:

• Brand identifiers like your business name, product name, logo, or tagline.
• Requires registration through a government body like USPTO (United States Patent and Trademark Office).
• Duration: Can be renewed every 10 years as long as it's in active use.
• Helps prevent brand confusion and allows legal action against copycats.
  
  

When to Use Each:

• Use copyright if you're a creator producing content such as writing, music, or artwork.
• Use trademark if you're building a business and want to protect your brand identity, especially your name, logo, or slogan.
  
  

Final Thoughts

Knowing the difference between copyright and trademark isn’t just legal jargon. It’s essential for protecting what you’ve built. Copyright covers your original creative work, while trademarks safeguard the identity of your brand, like your business name or logo.

If you're launching a company, publishing content, or building a brand online, taking action early helps you avoid legal issues down the road and positions your business for long-term success.

Ready to protect your brand from the start? Explore premium .INC domains at My.Inc perfect for incorporated businesses that want a professional, protected identity from day one.

Frequently Asked Questions
‍

1. Copyright vs trademark - what's the difference?

Copyright protects original artistic and literary works, such as books, music, and software, from being copied or used without permission. Trademark, on the other hand, protects brands by safeguarding a unique name, logo, slogan, or design that distinguishes a business's goods or services from those of others. In short, copyright protects creations, while trademark protects brands.

2. How does this work in Canada?

‍In Canada, copyright protection happens automatically when you create something. Trademarks need registration with CIPO to be fully protected. Pro tip: even unregistered trademarks have some rights, but they're much weaker in court.

3. What cannot be trademarked in Canada?

Canadian trademark law has some clear no-gos:

• Everyday phrases anyone could use ("Fresh Bakery" for a bakery)
• Clearly descriptive terms ("24 Hour Plumbing")
• Personal names without distinctive branding
• Anything offensive or deceptive

The World Intellectual Property Organization has great examples of what qualifies as a trademark worldwide.

4. Do I need to trademark my logo in Canada?

While it's not mandatory to trademark your logo in Canada, doing so offers significant legal advantages and protections for your brand. Registration provides proof of ownership, exclusive rights across Canada, and better enforcement options against infringement.

‍