Houston Copyright Lawyers Can Help You Decide Between Copyright and Trademark Protection.

If you're searching for a Houston copyright lawyer, you may be wondering whether it's really copyright or trademark protection that you need. But what's the difference anyway? In short, copyright protects the expression of an idea, while trademark protects the identification of a brand. Below are three important distinctions copyright lawyers look to:

Is Your Expression Original Enough for Copyright Protection?

Everyone knows that you can copyright a book, but what about a sentence? A few words? Or even one word? The originality of your expression affects whether copyright or trademark is more appropriate. In order to copyright something, it must be sufficiently original. For example, if you own a pillow company, you might want to make your slogan, "Love Your Pillow." But such a short, unoriginal phrase, said countless times before, is unlikely to qualify for copyright protection. The same rationale applies to images or logos. Let's say your company has a simple red cube in its logo, the kind found in all sorts of art and design work. If your company could copyright that simple red cube, then it would create millions of copyright violators. This is why trademark, not copyright, is often more appropriate for protecting logos, names and short slogans.

Do You Want Protection Against Brand Confusion or Theft?

Another difference between copyright and trademark protection is your end goal. Trademark works best for those who want to stop people from confusing their products with their competitors' products. Copyright works best for people who want to stop others from selling or publishing their work without permission. Consequently, an essential trademark question lawyers ask is whether buyers will confuse one company with another. With copyright, it often doesn't matter whether people are confused or not, only if someone has published someone else's work without permission.

Is Your Expression Merely Descriptive?

Trademark protection isn't available if your expression is merely descriptive. For example, if you name your pillow company Soft Pillows, you'll have a very hard time trademarking your name. Why? Because Soft Pillows only describes your goods. It doesn't identify them as coming from you. Thousands of other people sell soft pillows, and no one company has a right to monopolize that descriptive term.

Houston Copyright Lawyers Help Sort It All Out

The three factors above are good starting points for deciding between copyright and trademark. However, they're just the tip of the ice burg because the issues can become very complicated very quickly. By speaking with an experienced Houston copyright lawyer like The Vethan Law Firm, PC, you can be sure to protect your intellectual property rights. Call them today at (713) 526-2222 to schedule a free consultation