Trademark vs. Copyright: Which One Is Right for Your Work?

You never know when the next big idea will strike.

Whether it’s when you’re driving, showering, or in the middle of the night, it’s exciting to finally feel the lightbulb go off. When you have a new idea, you should write it down, draw it, record it, or produce it. Make it tangible so you can protect your idea from the copycats of the world.

When you think of brand names and logos, those are trademarked. When you think of original artistic or literary works, those get copyrighted. Those interested in registering their trademark or copyright often turn to legal document drafting software to automate the creation and distribution of the legal documents they need to go through each process.

Because there’s a never-ending flow of content for users to consume, creators must get the rights and protection they deserve by registering their hard work so no one can play copycat.

When to use the trademark symbol (™)

A trademark is what people usually think of with familiar brands and businesses like McDonald’s, Coca-Cola, or Apple. But it goes deeper than that. A trademark can also protect the slogans of these brands. For example, the slogan for McDonald’s, “I’m lovin’ it,” has the trademark symbol. Similarly, the logo for Apple is trademarked.

A registered trademark symbol looks like a smaller uppercase T and M and offers protection against improper use. This symbol tells the public that you consider yourself the owner of the mark.

The goal of any successful business is to have your product or service stand out in the crowd while letting customers know that your brand is official and trustworthy - and a federally registered trademark will do just that. 

What’s a service mark? (℠)

Aside from the five types of trademarks, there’s also the service mark. The service mark identifies the protection of services and can be anything that classifies a business as a service provider. Some examples would be businesses that focus on cleaning, plumbing, dining, or electrical services. If your organization offers services instead of goods/products, it should be branded with a service mark.

For instance, if you owned a plumbing company called The Leaky Sink, you would use a service mark.

What’s the registered symbol? (®)

There’s also the registered symbol, which looks like a tiny R in a circle.

Businesses that use the registered symbol are registered with the United States Patent and Trademark Office (USPTO). If your company The Leaky Sink isn’t registered with the USPTO, you’ll use the service mark. Once the trademark registration is complete, you’ll use the registered symbol. 

How to register a trademark

When it’s time to make your business and its brand official, you’ll want to register it as a trademark. As mentioned above, you’ll want to do this through the U.S. Patent and Trademark Office (USPTO).

Registering your organization as a trademark allows you to expand your business outside of the geographical region it’s based in, giving you nationwide validity in the eyes of the consumer.

Before starting the application process, it’s recommended to partner with a trademark attorney who can conduct a comprehensive trademark search. Doing so allows you to know for sure if the mark is already in use by another business or individual. It’s better to know this before you’ve invested time, energy, and money into building your brand, but you’ll definitely want to solidify this before filing the application and paying the filing fees.

Once your attorney gives you the green light, you can submit your trademark application to the USPTO. The date you file becomes your priority date, which means if another individual or organization files for a similar mark after you, they’ll automatically be rejected -- so act fast to ensure trademark protection!

When the USPTO approves your trademark, it’ll never expire as long as you use the mark consistently and meet any trademark renewal deadlines.

When to use the copyright symbol (©) 

Got a creative project you’d like to start? Then you’ll want to use the copyright symbol! Let’s explore some examples of what a copyright logo protects and what it doesn’t.

Essentially, if it’s something original, you can protect it with a copyright. A copyright is a type of intellectual property protected by the U.S. for tangible works. Once you’ve obtained a copyright registration, you can distribute your artistic work as you please. If you copyright a book, for example, you can go ahead and make it into a Tony award-winning Broadway musical.

To explain further, consider a real-life example: Founding Father Alexander Hamilton. Facts about Alexander Hamilton are not protected under copyright laws, but how facts about Alexander Hamilton are expressed is protected. Case in point: Hamilton: An American Musical by Lin-Manuel Miranda.

It’s important to remember that if you’re trying to file a copyright for an invention, like a new computer program or machine, you cannot. When crafting an invention, be sure to get a patent to protect the invention itself.

How to register a copyright

When it comes to copyrights, ​​original work is automatically protected when created. But the copyright owner must register it if they’d like to sue someone else for using their work.

The copyright registration process can be done at the U.S. Copyright Office’s online registration site, the eCOsystem. You can also register by mail. After you submit your form, pay the fee, and provide the office with the work you want to copyright, you wait to receive your certificate of registration by mail.

When going through the process of registering for a copyright, here are some things to keep in mind:

• Your rights: Copyright protection means that the copyright holder retains all exclusive rights to perform, print, display, and distribute the work. The holder also has complete rights to publish or transmit the work on the internet.
• The creation: For the copyright protection to go into effect, the work needs to be original.
• Tangible medium: The copyrighted work must be considered “fixed in a tangible medium of expression”. This means that the work must be established in a fixed form, like a book, film, computer program, sound recording, or even a dramatic work.
• Duration: The copyright lasts for the life of the creator of the original work, plus 70 years. This now extends to performance, display, and web transmission of the work.

Example of intellectual property laws

All of these rules, laws, and stipulations come together to protect brands, works, and services. To better understand how intellectual property laws work, let’s use a real-life example: Starbucks.

Starbucks Coffee Company is one of the most recognizable brands in the world, with 32,928 retail stores across the world at the start of 2021. Smaller companies and brands would undoubtedly see a boost in profits if they put the Starbucks logo all over their products.

But, Starbucks covers all its bases when it comes to intellectual property rights. Details of how they protect themselves are explained on the Terms of Use page on their website.

Source: Starbucks

Here you see everything we covered in depth. One section in particular that stands out regarding everything Starbucks has trademarked is:

“Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks, or registered trademarks of Starbucks Corporation (collectively "Starbucks Marks").”

This shows that all of their goods, services, and brand assets are covered by intellectual property laws, like the registered mark, service mark, and trademark.

There’s also the Starbucks Rewards™ program. Starbucks Rewards™ is a trademark because it is the name of the loyalty brand within Starbucks Coffee Company. This alerts consumers that they view themselves as the owners of this, however, it is not officially registered with the USPTO.

Source: Starbucks Rewards

For those who like to brew their coffee at home, Starbucks provides products that make that possible, too. On the Starbucks website, you can purchase a bag of their Caffè Verona Roast. How many uses of intellectual rights symbols can you spot?

Source: Starbucks at Home

If you said three, you’re correct.

There’s one under the Starbucks logo, by the Starbucks wordmark, and the name of the coffee, Caffè Verona Roast. Every brand asset has been registered by the USPTO and Starbucks has exclusive rights to use these assets as they please. This also means they can file lawsuits against anyone using them unfairly.

Imitation is the sincerest form of flattery

Or so they say.

When it comes to intellectual property, register your work appropriately so you can protect your original work the next time someone decides to flatter you or your clients. Filing your intellectual property may take some time, but it’s worth it once you start reaping the benefits of your work. Plus, you’ll have peace of mind that no one can use or steal your hard work.

Registering a trademark or copyright is often the first thing you do when starting a business. But what else is on the list? Check out the CEO Playbook for starting a business to find out.