between registering a trademark and a copyright
is not always a clear one. Trademark and
copyright registration are both means of
protecting your intellectual property rights.
There are, however, important differences
between trademark and copyright protection.
Copyrights are a form of protection for the
authors of "original works of authorship,"
including literary, dramatic, musical, artistic,
and certain other creative works.
Copyright does not cover intellectual property
such as titles, names, short phrases, and
slogans; familiar symbols or designs; or mere
variations of typographic ornamentation,
lettering, or coloring. This type of intangible
property is often more appropriately protected
by a trademark. Think of memorable advertising
slogans you have heard. Chances are these
slogans are protected by a trademark of some
sort, while they are unlikely to qualify for
A trademark protects a word, phrase, symbol or
design (or a combination of these), that
identifies and distinguishes the goods or
services of one person or company from those of
Some things, such as more complex logos, may
qualify for both trademark and copyright
protection. This is because the amount of
original authorship in a logo can vary greatly.
Most highly recognizable logos are extremely
simple objects, such as the Nike "swoosh," and
would not qualify for copyright protection.
However, a more ornate logo with a great deal of
creative authorship might qualify for both
trademark and copyright protection.
To protect the name of your company, your newly
designed name, logo or a catchphrase, a
trademark is probably what you need. To protect
your latest painting, the next great American
novel or even a brilliantly choreographed dance
sequence, a copyright is probably the best route
Whether you need trademark or copyright
protection, GAUTAM & COMPANY makes the process
quick and easy.