CHINA PATENT & TRADEMARK LAW OFFICE
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    • Why do you need to register a trademark in China
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    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
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A common question asked by business owners, authors, and creative individuals is whether they need a copyright or a trademark to protect their work. This is because many aren’t aware of the differences between trademarks and copyright and which one is appropriate for what they want to protect.

But, the intellectual property rights you have in a trademark or copyright may be the most valuable asset you own. Therefore, they need to be protected. Understanding the differences between a copyright and a trademark is the first step in properly protecting your interests.
Intellectual Property

Intellectual property (IP) is at the core of copyright and trademark law. IP is embodied in creative works like writings, music, sculptures, paintings, or drawings; in words, symbols, and phrases; and even in new inventions and processes.
The three fundamental types of intellectual property are:
​
  1. Trademarks
  2. Copyrights
  3. Patents

The rest of this article will focus on the difference between trademarks and copyrights only.
​What is Copyright?

A copyright is a form of intellectual property protection provided for almost every kind of creative expression, including:
  • Paintings;
  • Sketches;
  • Writings;
  • Sheet music;
  • Video and audio recordings;
  • Sculptures;
  • Architectural designs;
  • Computer software; and
  • Other written or creative works
For copyright to exist in a work, it has to be fixed in a “tangible medium”, meaning that it must already exist in some perceptible form, such on paper, in a sound or video recording, or embodied in a painting or sculpture.

Copyright protection is available for both published and unpublished works and, in general, gives the owner of the copyright the legal right to exclude others from using or reproducing their work without the owner’s permission.

A copyright is automatically conferred the moment a work is created. However, there are certain advantages to registering copyright, such as the ability to prove that you are the original creator through documentation.

A copyright grants the owner exclusive rights in the way that an idea is expressed. But, it does not confer any rights in the idea itself.

For instance, if you were to write an article about a particular car, the text in that article would be protected by copyright, preventing anyone else from using those same words in the same order. However, this doesn’t preclude someone else from writing their own original article about the same car, or from using or producing a car just like the one described in your article.

Lastly, copyrights do not protect short phrases, titles, or common design elements. These types of assets are usually protected as trademarks, which are often confused with copyrights.
What is a Trademark?

A trademark is a form of intellectual property protection that covers symbols, names, logos, words, and devices that are used to identify the goods or services of one business entity from the goods or services of another. Trademarks are intended to protect consumers from confusion and to protect the interests of the trademark holder as well.

When a business produces a particular product and registers a trademark for that product with the proper governmental agency, no other business can use that trademark in association with their own products. Examples of trademarks include:
  • “Google”;
  • “Coca-Cola”;
  • “Clorox”;
  • “Exxon”;
  • The Nike swoosh;
  • Starbucks’s mermaid;
  • The font used in the name “Walt Disney”;
  • The NBC peacock; and even
  • The NBC chimes.
In order to qualify as a trademark, the mark has to be distinguishable from other marks. So, when choosing your trademark, it is best to choose a word, symbol, or phrase that is distinctive.

Trademark protection accrues as soon as you begin to use a name, symbol, logo, etc. in association with your products or services. Thus, like a copyright, a trademark does not have to be registered. However, having your trademark registered with the proper government authority can be a huge advantage, especially when it comes to proving ownership and enforcing your rights in the trademark.
The Gray Area Between Trademark and Copyright Protection?

On the surface, trademarks and copyrights may appear to be almost the same thing. But, in reality, they are not.

A copyright protects the unique expression of an idea, while a trademark is intended to differentiate the particular goods and services of one company from those of another. The main source of confusion between trademarks and copyrights is the fact that a trademark can also be copyrighted if it also embodies a creative expression.

For example, the infamous Nike swoosh identifies products produced by the Nike company from similar products made by other companies, such as Adidas, Converse, or Puma. Thus, the Nike swoosh is a trademark. However, because (in its form and shape) it is a unique expression of an idea, it can also be protected by copyright.
Conclusion

In simple terms, copyrights and trademarks are both types of intellectual property protection provided to businesses, authors, artists, and others. But, they differ in the subject matter of the protection they provide.

Copyrights grant exclusive rights to the authors of creative works, while trademarks generally protect marks used to indicate the source of goods and services, and are meant to protect the interests of consumers, as well as, the trademark holders.

However, whenever a trademark embodies creative originality, such as with a logo design or an illustrated character, it can be the subject of both copyright and trademark protection.
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  • Home
  • About
  • IP Services
    • Trademark
    • Patent
    • Utility Model
    • Design
    • Copyright
  • Translation
  • News
    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
    • News
    • News
  • Contact