Ever see the little letters TM or R beside a phrase or a logo and wonder what they mean?

This article gives a little background on the difference between trademarks and copyrights, but I will also share some information with you.

A trademark is a sign, logo, phrase or any other type of intellectual property that conveys a message to consumers.  An example of a trademarked phrase is Donald Trump’s “you’re fired”.  A trademark can be like a signature- a way of identifying yourself or your company to the rest of the world.  Logos are often trademarked.  Things which are trademarked use the letters TM in superscript, or an R enclosed by a circle

A few weeks ago I posted an article about a trademark dispute between Vera the scarf company and Vera Wang the designer, over the use of the phrase “Simply Vera”.  Check out my post and its links to find out more about trademark disputes.

Bottom line, the law thinks of a trademark as property, so you have certain property rights over the concept that you have put in the marketplace.  Trademarks can be registered or unregistered.  For unregistered trademarks, there is often still a property right based on the “use” of the mark or phrase.

Check out the U.S. Patent and Trademark Office website to learn more about trademarks.

Now, let’s talk copyright.  A copyright is a legal right or set of rights over your “work”.  The “work” is typically creative or intellectual in nature, like a poem, a song, a play or even something like computer software. The copyright protects the method by which the idea has been conveyed to the public, but not the idea itself.  For instance, if you write and then obtain a copyright for a poem, no one else may write the same or a substantially similar poem.

Click over to the U.S. Patent and Trademark website to research more on copyrights as well.

Re-cap: a trademark can protect the very image or phrase you use to express yourself as you sell to consumers, but a copyright protects your creative and intellectual work product from being used by another person.

Check back for more in-depth articles explaining trademarks and copyrights and how to go about obtaining them.