![]() ![]() ![]() In Australia, to protect the trade mark and ownership most effectively, it should then be registered accordingly, whereas you don’t have to register a copyright.Ĭopyright protects the material embodiment of an idea. You have to use it as a trademark, and not only use it as a trademark but be the first to use it as a trademark to be certain in your ownership of that logo as a trademark. Having a logo created doesn’t automatically or necessarily give you rights as a trademark. The same can not necessarily be said of a trademark, particularly a logo. For example, if I write a story, an original story, once I’ve put pen to paper and I’ve written the story it’s protected by copyright. You could have a little jingle protected as a trademark, because it’s used in a way to distinguish the relevant goods/services from others and functions as a ‘badge of trade origin’ but that same jingle may also be subject to copyright protection as a sound recording or musical work.Īnother core difference between them is that copyright ownership and protection is automatic as a result of original creation of the work or the subject matter. ![]() Trademarks, by definition, are ‘signs’ that one trader uses to distinguish their goods and/or services from others, and the definition of sign is very broad and even encompasses things like sounds. And it can also be the subject of copyright protection as an artistic work. If you can think of a logo that is also an artistic work, that can be protected as a trademark, and used as a trademark. In some cases copyright and trademarks will overlap. In simple terms they’re just basically different forms of protection of intellectual property. ![]()
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