Some of the differences between Trademark & Copyright (or Intellectual Property 101) Copyright is automatic and immediate, as soon as the expression of an idea is "fixed in a medium discernable by eye or machine" it is protected. Copyright can be applied to any creative work of "sufficient originality" Trademark can only be applied to a commercial entity, goods or service. Trademark must be applied for and protects a symbol or wordmark that represents either a business or the good/services they provide. Words, names, titles, short phrases, and common objects cannot be copyrighted. Virtually anything representing a business/goods/services can be trademarked. Copyright only protects a specific work. Trademark protects a word, symbol, logo, etc, within a specific industry. Copyright does not need to be defended, nor officially registered to be effective. It cannot be lost only sold or given away (Public Domain) Trademarks MUST be defended or they can be lost through "dilution". (the words nylon & cellophane, as well as "smiley faces" are examples of trademarks lost through neglect) Copyright has a term of life+ 70 years for individuals and 95 years past 1st publication for corporations (work for hire) and cannot be renewed Trademark has a life or either 10 or 20 years & can be renewed indefinetly. A copyrighted work that has fallen into the Public Domain remains there. It cannot be "re copyrighted" A trademark that hasbeen abandoned can be reregistered even by a different person/business that the one who originally owned it. Similarities Permission to use a trademark or copyright can only be given by the legitimate holder (or an authorized agent) The "fair use" exception can apply to either copyrighted works or trademarks. Permission to use a copyrighted or trademarked work can be withdrawn by the legal holder (or agent) at anytime, for any reason, unless proscribed by a signed contract.