What is the difference between a trademark and a copyright?

As a lawyer, I can explain the difference between a trademark and a copyright.

A trademark is a symbol, design, word, phrase, or logo that identifies and distinguishes the goods or services of one party from those of others. A trademark can be registered with the United States Patent and Trademark Office to provide legal protection and exclusive ownership for the owner. Registering a trademark gives the owner exclusive rights to use the mark in connection with specific goods and services, and the ability to prevent others from using a similar mark. Trademarks are used to prevent consumer confusion and protect the reputation of the goods or services associated with the mark.

A copyright, on the other hand, is a form of legal protection given to the creators of original works such as literature, music, films, and artwork. Copyright protects the expression of an idea, but not the idea itself. Under the Copyright Act, the creator has exclusive rights to control how their work is used, distributed, and displayed. A copyrighted work can be registered with the United States Copyright Office for added protection and legal benefits. Unlike a trademark, a copyright gives the creator the exclusive right to make and distribute copies of the work, create derivative works based on the original, and perform or display the work publicly.

In summary, trademarks are used to protect and distinguish the goods and services of one party from another, whereas copyrights protect the original expression of a work. While both can be registered with the relevant government agencies, the legal protections and exclusive ownership granted to the owner of a trademark or a copyright differ in their scope and limitations.

It is important to note that this information is intended for general informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney. If you have specific questions or concerns about the legal implications of a specific matter, it is always best to seek the advice of a qualified attorney who specializes in intellectual property law.