How often do prospective clients confuse trademarks and copyrights?
Very often. I would estimate that more than half of the business owners I speak with are unsure about the difference between trademark and copyright protection. Many know they need to “protect” something they created, but aren’t sure which type of intellectual property applies.
Would you say this is one of the most common misconceptions you encounter?
Absolutely. Confusion between trademarks and copyrights is one of the most common misconceptions I encounter. Many entrepreneurs use the terms interchangeably, even though they protect very different things.
What is the biggest misunderstanding business owners have about the difference between trademarks and copyrights?
The biggest misunderstanding is that business owners often assume a copyright protects their business name or brand. Copyrights protect original creative works such as artwork, photographs, videos, written content, and software. Trademarks protect brand identifiers such as business names, logos, slogans, and product names that help consumers identify the source of goods or services.
Can you share an example where a client came to you seeking one type of protection but needed the other?
I worked with a business owner who wanted to copyright their company name because they were concerned about competitors using it. After discussing their goals, it became clear that what they really needed was trademark protection. Their concern wasn’t someone copying creative content—it was someone using a confusingly similar name in the marketplace. We shifted our focus to trademark clearance and registration to better protect the brand.
In your practice, what types of assets most commonly need trademark protection?
The most common assets that clients seek trademark protection for are business names, product names, logos, slogans, podcast names, and brand names. As businesses grow, these assets often become some of their most valuable property because they represent customer goodwill and brand recognition.
What types of creative works do your clients most commonly seek copyright protection for?
Common copyright registrations include website content, photographs, artwork, videos, books, educational courses, marketing materials, graphic designs, and software. In today’s digital environment, businesses create valuable content every day, often without realizing that copyright law may protect it.
Can you share an example where trademark protection provides value to a client?
One client discovered that a competitor had adopted a name that was very similar to their registered trademark. Because the client had secured trademark protection early, they were in a much stronger position to enforce their rights and address the issue before significant customer confusion developed. The registration helped establish ownership and provided leverage in resolving the dispute.
Do you believe some businesses should consider both trademarks and copyright protection? Why or why not?
Yes. In many situations, businesses benefit from both forms of protection because they protect different assets. A logo is a great example. The artistic design itself may qualify for copyright protection, while the logo’s use as a brand identifier may qualify for trademark protection. Together, these protections create a stronger intellectual property strategy.
What is your opinion on whether small businesses should think about intellectual property protection early in their growth?
I believe businesses should think about intellectual property protection much earlier than they typically do. Many business owners focus on branding, marketing, and growth before confirming that their brand is legally available or protecting the content they create. Addressing intellectual property issues early is usually far less expensive than dealing with disputes, rebranding, or infringement issues later.
Do most businesses wait too long?
In my experience, yes. Many business owners don’t think about trademarks or copyrights until they encounter a problem. By that point, they may have already invested significant resources into a brand or content strategy that creates avoidable legal risks.
If you could give entrepreneurs one piece of advice about trademarks and copyrights, what would it be?
Understand what you’re trying to protect before choosing the type of protection. If you’re protecting your brand identity, you’re likely dealing with trademark law. If you’re protecting original creative content, you’re likely dealing with copyright law. Taking the time to understand the difference—and seeking guidance when necessary—can save substantial time, money, and frustration down the road.
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Azalea IP Law Serving clients in Albuquerque, throughout New Mexico, and nationwide. (505) 585-3444
Written by Svitlana V. Anderson, Attorney and Founder of Azalea IP Law. Svitlana is an intellectual property attorney licensed to practice law, fluent in English, Ukrainian, and Russian, with more than a decade of experience in trademark and copyright law.