Understanding Trademarks and Artwork Copyright
- GOMAXGROUP
- Feb 7
- 3 min read
Updated: Mar 16
What Is a Trademark?
A trademark is a symbol, word, phrase, or design that identifies and distinguishes the source of goods or services. It helps consumers recognize the brand behind a product or service. For example, the Nike "swoosh" logo or the phrase "Just Do It" are trademarks. They tell customers that the product comes from Nike and not another company.
Key Features of Trademarks
Purpose: Protect brand identity and prevent confusion in the marketplace.
Scope: Covers logos, brand names, slogans, and sometimes even sounds or colors.
Duration: Can last indefinitely as long as the owner continues to use and renew it.
Registration: While trademarks can be established through use, registering with the government provides stronger legal protection.
Examples of Trademarks
The golden arches of McDonald's
The shape of the Coca-Cola bottle
The phrase "I'm Lovin' It"
Trademarks focus on the commercial use of a mark to identify the origin of goods or services. They do not protect the artistic or creative expression behind the mark.
What Is Artwork Copyright?
Artwork copyright protects original creative works such as paintings, drawings, sculptures, photographs, and digital art. It gives the creator exclusive rights to reproduce, distribute, display, and create derivative works from their art.
Key Features of Artwork Copyright
Purpose: Protect the creator’s original expression and prevent unauthorized copying or use.
Scope: Covers the actual artistic work, including its form, style, and details.
Duration: Lasts for the life of the artist plus 70 years in most countries.
Automatic Protection: Copyright exists as soon as the work is created and fixed in a tangible form; registration is optional but helpful for enforcement.
Examples of Artwork Copyright
A painting by Vincent van Gogh
A photograph taken by a professional photographer
A digital illustration created for a book cover
Copyright protects the creative expression itself, not the commercial use or branding associated with it.
How Trademarks and Artwork Copyright Differ
Understanding the differences between trademark and artwork copyright helps creators and businesses choose the right protection for their work.
| Aspect | Trademark | Artwork Copyright |
|---------------------------------|----------------------------------------------------|-------------------------------------------------------|
| What it protects | Brand identifiers (logos, names, slogans, sounds, colors) | Original artistic works (paintings, drawings, sculptures, photographs, digital art) |
| Purpose | Distinguish goods/services in commerce; prevent consumer confusion | Protect creative expression; control reproduction and distribution |
| Duration | 10 years per registration (renewable indefinitely with continued use) | Life of creator + 70 years (or 95 years from publication for works made for hire) |
| Registration | Required for federal protection; establishes nationwide priority | Automatic upon creation; registration provides enforcement benefits |
| Use requirement | Must be used in commerce to maintain rights | No use requirement; exists upon fixation in tangible medium |
| Example | Nike "swoosh" on athletic wear | Original Nike shoe design sketches or ad illustrations |
When to Use Trademark vs. Artwork Copyright
Choosing between trademark and artwork copyright depends on your goals.
Use trademark if you want to protect your brand identity, such as a logo or slogan used to sell products or services.
Use artwork copyright if you want to protect your original creative work, like a painting, illustration, or photograph.
Sometimes, a logo can be protected by both trademark and copyright simultaneously. The Nike swoosh functions as a trademark (brand identifier) but is also a copyrightable artistic design.
Different infringement tests: Trademark infringement requires likelihood of consumer confusion in the marketplace. Copyright infringement requires substantial similarity and proof of copying.
International protection: Trademarks are territorial and require registration in each country. Copyright protection is more harmonized globally through treaties like the Berne Convention.
Practical Tips for Protecting Your Work
Register your trademark with CNIPA to gain stronger legal rights and nationwide protection.
Keep records of your artwork creation dates and drafts to support copyright claims.
Use copyright notices on your artwork to inform others of your rights.
Monitor the market for unauthorized use of your trademark or artwork.
Contact our IP expert for complex cases or international protection.
