Trademarks, Copyright, Patents, and Designs: What’s the difference?
Intellectual property (IP) is a vital asset for businesses, helping protect everything from brand identity and creative works to inventions and product designs. In Australia, the four main types of IP protection are trademarks, copyright, patents, and designs. Each offers protection for different aspects of a business or creation, and understanding their differences is crucial for securing your intellectual property. This article explains these key differences, focusing on how trademarks differ from copyright, patents, and designs.
What is a Trademark?
A trademark is a sign, symbol, word, or logo that identifies and distinguishes the goods or services of one business from those of another. Trademarks build brand recognition and trust, allowing consumers to associate products or services with a specific company. Trademarks can be renewed indefinitely, making them one of the most durable forms of IP protection as long as they are actively used and maintained.
Example of a Trademark:
The Qantas kangaroo logo or the Vegemite brand name are registered trademarks, creating strong brand identities and customer recognition.
Trademark vs. Copyright
Copyright protects original creative works such as books, music, films, software, and artwork. In Australia and New Zealand, there is no formal registration system. In contrast, countries like the United States and the Philippines offer an optional registration process for copyright. Regardless of the country, however, copyright protection is automatic upon the creation of an original work. It lasts for the creator’s lifetime plus 70 years in Australia.
Note that while copyright protects the artistic elements of a brand, such as the design of a logo, the exclusive rights to use the brand in commerce are secured through trademark protection.
Example of Copyright:
The Harry Potter books and films are protected by copyright, while the Harry Potter and Wizarding World names and logos are protected as trademarks.
Trademark vs. Patents
Patents protect new inventions and technological innovations, providing exclusive rights to the inventor for up to 20 years in Australia. Patents cover functional or technical aspects of an invention, allowing the owner to prevent others from making, using, or selling the invention without permission. Once a patent expires, the invention can be freely used by others.
Unlike patents, which protect the functional aspects of an invention and expire after a set period, trademarks focus on brand identity and can be renewed indefinitely with proper maintenance, offering longer-lasting protection.
Example of a Patent:
The Dyson vacuum cleaner is protected by multiple patents that cover its unique cyclone suction technology, giving Dyson exclusive rights to the functionality of their vacuum products. Meanwhile, the Dyson brand itself is protected through trademark registration.
Trademark vs. Designs
Designs protect the visual appearance of a product, including its shape, configuration, pattern, or ornamentation. Registered designs protect a product’s aesthetic features, not its function or brand identity. Design protection typically lasts up to 10 years in Australia, allowing the owner to prevent others from copying the design’s visual aspects.
Trademarks protect the name and branding of a product, such as logos or product names, while designs protect its visual appearance. Unlike designs, which have a limited lifespan, trademarks can be renewed indefinitely with proper maintenance.
Example of a Design:
The designs of Star Wars action figures, such as Darth Vader and the X-wing Fighter, are protected through registered design rights, while the “Star Wars” name and logo are safeguarded by trademarks.
The Longevity of Trademarks
One of the most significant advantages of trademarks is their potential to last forever. While copyright, patents, and designs expire after a certain period, a trademark can last indefinitely as long as it is maintained and used. This long-term protection helps preserve the value of a brand well beyond the expiration of other forms of IP protection.
A great example is Panadol. The patent for paracetamol expired long ago, allowing any manufacturer to produce the drug. However, Panadol remains a dominant brand in the market because of its strong trademark and brand identity. Despite the availability of generic paracetamol, consumers continue to purchase Panadol due to the trust and recognition that the brand has built over the years. This demonstrates the enduring value that a trademark can provide long after other IP rights expire.
Key Differences at a Glance
| Type of IP | What it Protects | How it Differs from Trademarks | Examples |
|---|---|---|---|
| Trademark | Brand identity (names, logos, slogans) | Focuses on distinguishing the source of goods/services | Qantas logo, Panadol brand name |
| Copyright | Creative works (books, music, films) | Protects artistic expressions, not brands | Star Wars and Marvel movies |
| Patent | Inventions (new products or processes) | Protects the functional aspects of inventions, not specific brands | Dyson vacuum cleaner technology |
| Design | Visual appearance of products (shapes, patterns) | Protects aesthetic aspects, not brand identity | Star Wars toy designs |
How to Choose the Right IP Protection
Choosing the right type of IP protection depends on what you need to safeguard:
- Trademarks: Protect your brand’s identity, including names, logos, and slogans.
- Copyright: Protect original creative works like books, music, and artwork.
- Patents: Protect new inventions, products, or processes.
- Designs: Protect the unique visual appearance of a product.
Conclusion: Protecting Your Brand for the Long Term
Securing your brand identity is crucial for maintaining a competitive edge in today’s market. While intellectual property rights like patents, copyright, and designs have limited durations, a well-maintained trademark can provide enduring protection, safeguarding your business for years to come. Trademarks allow small businesses and SMEs to establish a strong, recognisable presence in the market, ensuring that your brand identity remains protected as your business grows.
At Markport™, we specialise in responsible trademark management and brand design to help you secure and preserve the value of your brand. Through expert trademark registration and design services, we help businesses navigate the complexities of intellectual property, offering practical solutions that ensure your brand stands out and stays protected.
For more information on how we can assist you in protecting your intellectual property, visit our contact page to get started today.