Trademark VS Copyright; when do I need one or both of them for protection?

Trademark VS Copyright; when do I need one or both of them for protection?

September 19, 2019

A trademark and a copyright are both types of intellectual property protection that afford a way to defend against unauthorized use. While trademarks and copyrights both relate to intellectual property, each protects a different type of asset.

A copyright protects original, creative works fixed in a tangible medium. This includes books, movies, musical works, including lyrics, photos, artistic creations, web content, choreography, poetry and writing, Literary works, including computer programs and other compilations, online writing such as a blog or series of articles, pantomimes and choreographic works (if they have been recorded), pictorial works (including maps and architectural plans), graphics, sculpture, Other audiovisual works, sound recordings and architectural works etc.

While on the other hand trademarks protect names, terms, and symbol that identify and differentiate a company and its goods. A trademark gives the consumer the ability to distinguish one company’s goods from another’s. A trademark can include phrases, symbols, or designs, as well as images and colors.

Although there is a clear cut difference between works that can be protected by copyright and works that can be protected by trademark. However, there are a few exceptions that can be protected by both a trademark and a copyright. A logo is one example of this because it is a creative work and an identifying mark. Also, advertisements on vehicles can be protected by both copyright and trademark. This is because the advertisement’s text and graphicsas published on a particular vehicle, will be covered by copyright – but this will not protect the slogan as such. The sloganmay be protected by trademark law, but this will not cover the rest of the advertisement. If you want both forms of protection, you will have to carry out both types of registration.

 

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

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Frequently Asked

  • Why must I file Annual Returns?

    It is a mandatory statutory requirement under the Companies and Allied Matters Act to file Annual Returns yearly. 

  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • What is an execution clause in a contract?

    This is the section in which the parties sign the contract or agreement.

  • What will happen if I buy the wrong category of forms with NAFDAC?

    Nothing, the purchased form will be in your account for future use.

     

  • Can I use the data collected legally for one purpose for another purpose?

    No, you can’t use the data collected for one purpose for a different purpose.

  • Does Trademark registration protect my website domain name?

    Yes, it does.

  • When can I start renewal of the registration of my product(s) with NAFDAC?

    You can start renewal 6 months to the date of expiry.

  • How many shareholders do I need to start a company?

    A minimum of two (2) shareholders is required to form a company.

  • Can I trademark my logo and name separately? Why is this a good idea?

    Yes you can. The advantage is that it gives you the opportunity to have more than one logo or the opportunity to change your logo easily as opposed to registering the name and the logo as one trademark.

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