Many clients call my office unsure of whether or not they need a trademark or a copyright to protect their intellectual property.

The answer is that trademark registration is appropriate when you are trying to protect the name (and/or associated logo or slogan) of a business, a product or a service that you are offering.  On the other hand, a copyright protects a work of art such as the contents of a book or a movie (remember this means the contents of a book or a movie, not the title).

For example, a trademark registration protects the name of a software program such as “Microsoft Word.”  The trademark registration prevents any other company from making a program and calling it “Microsoft Word.”  A copyright protects the software code that makes up the program (thus preventing someone from copying the program’s code and reproducing it without Microsoft’s consent)

Another example is that a trademark registration would protect the name of a band such as “The Black Eyed Peas.”  The trademark registration prevents any other band from using this name to sell music.  On the other hand, a copyright protects the music the band produces (thus preventing someone from copying and distributing the music without the band’s consent – think Napster).

For more information on trademark registration please visit our home page: Trademark Armor.

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