What is the difference between a copyright and a trademark?
The main difference between a copyright and a trademark is the type of intellectual property they protect. Copyright protects creative works, such as songs, books, paintings, sculptures, and other artistic works. Trademarks protect brand names, logos, slogans, and identifying symbols associated with the brand. In Massachusetts, copyright exists automatically for any creative work fixed in a tangible medium, like a book or song. This means that artists do not need to register their work to secure the protection of copyright. Conversely, trademark registration is required in Massachusetts for most trademarks. Without registration, a trademark owner will not be able to bring a case in court against someone who is infringing on the trademark. Furthermore, registration is the only way to receive the protections available under federal trademark law. Therefore, while copyright and trademark both exist to protect the intellectual property of businesses and individuals, they protect different types of intellectual property and are registered and enforced through different processes.
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