Trade Marks, Copyright, and You: Why Knowing The Difference Matters

If you’re a start-up, creative professional, or business owner, knowing how these protections work can help you avoid costly legal pitfalls and ensure your brand and assets are secure from day one. Here’s a quick (but important!) overview.

Understanding the difference between trade marks and copyright is crucial for protecting your intellectual property (IP). IP refers to creations of the mind, such as brand names, logos, original content, software, and designs. While both trade marks and copyright are legal tools used to protect IP, they serve different purposes and apply to different kinds of work.

What Are Trade Marks?

Trade marks protect brand identifiers such as names, logos, and slogans – in short, the things that distinguish your goods/services in the market. To be legally enforceable in the UK, a trade mark must be registered with the Intellectual Property Office (IPO). Once registered, you gain exclusive rights to use that mark in relation to the goods or services listed in your application.

For example, the Nike swoosh or the McDonald’s golden arches are trade marks that instantly communicate a brand’s identity. A registered trade mark allows you to stop others from using identical or confusingly similar marks for similar products, which could mislead customers and damage your brand reputation.

Registering your trade mark also enhances the value of your business and makes enforcement more straightforward.

What Is Copyright?

Copyright protects original creative works such as written content, music, photography, visual designs, and software code. In the UK, copyright protection arises automatically upon creation, so there’s no need to register it.

Ownership typically belongs to the creator unless otherwise agreed in writing. So, if a freelancer designs your website or creates your logo, they legally own the copyright unless you’ve signed a contract transferring those rights to your business.

Copyright gives the owner control over how the work is used, reproduced, or shared. Infringement happens when someone uses all or a substantial part of the work without permission. Additionally, UK law also recognises moral rights, such as the right to be credited as the author.

What Are the Key Differences Between Trade Marks and Copyright?

Understanding these distinctions helps ensure you’re protecting the right aspects of your business in the right way:

• Registration: Trade marks must be formally registered to offer legal protection; copyright arises automatically.

• Scope: Trade marks protect brand identifiers (names, logos, slogans); copyright protects original creative works (text, music, designs).

• Duration: Trade mark rights can last indefinitely if renewed every 10 years; copyright lasts for the creator’s life plus 70 years.

• Ownership Transfer: Trade marks are transferred via formal registration and assignment; copyrights must be reassigned through a written agreement.

Each right serves a different function, and misunderstanding the scope or process of protection could leave your business exposed.

Why Does It Matter to Know the Difference?

If you’re unsure about the difference between trade marks and copyright, it’s easy to overlook crucial steps – but that can leave your business assets vulnerable. You might mistakenly believe a logo is protected simply because you paid for it, or assume content is safe from copying without considering enforcement.

This can result in legal disputes, forced rebrands, or lost revenue opportunities. The good news is it’s fixable. Get expert legal advice early, audit your existing assets, and ensure contracts are in place to assign IP rights properly.

FAQs

Do I need to register copyright in the UK?

No copyright protection arises automatically when an original work is created.

Can I stop someone from copying my brand name if it’s not registered?

You might be able to under ‘passing off’ laws, but it’s much harder to prove. Registering your trade mark gives you stronger legal protection.

What happens if I hire someone to design a logo or write content?

Unless your contract states otherwise, they usually retain the copyright. Make sure to include IP assignment clauses.

Who most needs to know about this?

Whether you’re launching a brand, creating original content, or scaling a business, understanding how to protect your intellectual property is essential.

Would I need a lawyer?

Whether dealing with a dispute or seeking support with a non-contentious matter, such as registering a trade mark, it’s important to work with professionals who can handle the necessary steps efficiently and accurately. From copyright and confidential information to trade marks and trade secrets, a well-rounded IP strategy helps protect and maximise the value of your assets.

So, which lawyers are good for handling copyright cases? 

There are copyright lawyers who specialise in IP, such as Briffa Legal, who have decades of experience in the field. If you’re involved in an intellectual property dispute – be it confidential information or property assets – you can arrange a no-obligation consultation with experienced solicitors today.

If you’re looking for professionals who deal in intellectual property, you’re looking for them. Contact Briffa Legal today.