Instigate IP®
“Instigate IP has been instrumental in protecting our brand across multiple jurisdictions. Their expertise and proactive approach have saved us from potential infringement issues before they became costly problems.”
Copyright and trade marks are two distinct forms of intellectual property protection, but they can overlap in certain situations when protecting a brand's creative elements.
Copyright protects original works of authorship, such as literary, artistic, musical, and other creative works, including visual designs like logos, illustrations, or advertising materials. It grants the creator exclusive rights to use, reproduce, distribute, or display their work.
When creative elements, like logos or branding designs, are used as trade marks, copyright can complement trade mark protection by securing the original artistic or design aspects of the mark. For example:
A logo can be both a trade mark and a copyrighted work. Copyright protects the logo as a piece of art, while trade mark protects its use as a brand identifier in commerce.
Copyright arises automatically upon the creation of an original work and typically lasts for the creator's lifetime plus 70 years (depending on jurisdiction). Trade mark protection, however, is indefinite as long as the trade mark is used in commerce and properly maintained.
Copyright can help prevent unauthorised reproduction or modification of a logo or design, while trade mark law addresses unauthorised use in a way that confuses consumers about the source of goods or services.
By combining copyright and trade mark protection, businesses can create a robust shield for their brand elements, protecting both the creative expression and the commercial identity of their brand.
Contact us to discuss how we can help protect your creative works