Copyright versus Trademark - What's the difference?

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Copyright versus Trademark
I see it all the time on forums and social media news feeds. People using the terms Copyright or Trademark incorrectly or interchangeably. So I thought it was time I created a video for my channel that clarifies the difference between the two.
Stay Creative!
Col
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Опубликовано:

13 июн 2020

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Комментарии : 150

@alexmathewmendoza Год назад

In this world where videos are so fast and jumpcut-crazy it’s refreshing to hear helpful information delivered with pauses, thank you so much!

@RockYourBrand Год назад

Thanks Alex. I know what you mean. Things just seem to be getting faster and faster :)

@hawkhm97 2 года назад

Just want to let you know he did a great job of explaining trademarks and copyright.

@anelt2817 3 года назад

Hey, I really like the way you present the information. I like the pauses between key ideas, it makes it very pleasant to listen and learn :)

@RockYourBrand 3 года назад

Thank you Anel :)

@celinerose7042 4 месяца назад

The copyright, registered mark, trademark thing has confused me my entire life until you explained it here. Thank you!

@vdot1265 2 года назад

Probably the simplest (and I mean that in the greatest of ways) and most comprehensive definition I’ve heard to date. Thank you for this info!

@user-oz8pq9vm1k Год назад

For real, this is a good reference for better understanding the difference

@ppandya7773 3 года назад

Thanks for the very informative and easy to understand video. I have seen your other videos too and I love them.

@FrijoLeZ 3 года назад

That is a sick beard! Great info in the vid as well

@RockYourBrand 3 года назад

Cheers Cristian. Glad you liked the video and the beard! :D

@imastudentoflife3799 2 года назад

thank you very much sir you explained it greatly and I also appreciate the pauses after explaining a certain concept

@preetinayee6296 4 года назад

Thanks, Col 🤟🏽 This was very useful as I'm in the middle of designing branding for a Care company.

@RockYourBrand 4 года назад

That’s great to hear Preeti :)

@isawadelapradera6490 3 года назад

Cleared more than one doubt. Many thanks!

@hzjdjd265 7 месяцев назад

I like this video. You pause, and not hurry. I can listen and have interest in these kind of speaker.❤

@XInnocentFire 4 года назад

Thank you thank you .. very detailed! and easily conveyed

@ran2182 4 года назад

This was very informative thank you so much ❤️❤️

@olgasiverska3255 2 года назад

This is an extremely useful video. Thanks a lot for such a clear explanation!

@RockYourBrand 2 года назад

Happy to help, Olga :)

@birthlocal2 3 года назад

Just what I needed!!

@956texzotics7 3 года назад

Amazing video! Thank you

@trendycommodities6608 4 года назад

Thank you for this vital info.

@athanaosdesigns8178 4 года назад

thank you very much for this nice explanation

@phozi2807 2 года назад

Thanks, helped me a lot!

@divadidi12345 3 года назад

great video! thanks !

@lsbellamy7631 3 года назад

Thanks for this 🙏🏾🇬🇧💯 Conscise clarity

@Arthur-eg7uy 3 года назад

very good video! first time i heard that in the uk copyright is issued automatically!!

@yannayk9465 3 года назад

thank you sir you made my day

@mikechin9759 3 года назад

great video, thanks man!

@RockYourBrand 3 года назад

Thanks Mike.

@vandarr17 3 года назад

Thank You!

@shanegriffin8308 3 года назад

Thanks for clearing that up

@RockYourBrand 3 года назад

You are very welcome.

@GIOVON2000 3 года назад

Thanks u this video helped a lot

@starofwisdom. Год назад

Thank you for this

@amberhylton6293 3 года назад

Thanks for this - very helpful. What are your thoughts on registering a logo versus a word. Does the word only given a greater level of protection? Hard to know what to do as you don't want to have the logo designed before you have the trademark but you can't register the logo unless you have it... Thanks!

@RockYourBrand 3 года назад

In my opinion, I think it is more important to secure the brand name, and then when the logo is developed, that can be trademarked separately. However, that may not be what a trademark specialist advises, that is just how I feel about it and what I would do. Always best to speak to a trademark specialist if you can.

@wardogdauwdd3020 2 года назад

Which would you use if say you had a special type of construction you use to make things and recorces

@cheresseranghel6200 Год назад

Thank you sir

@harshitpanwar961 4 года назад

Great video. Thanks for sharing this information 😊

@smilli6415 11 месяцев назад

i just applied for trademark in UK, can it display TM or (R) symbol on my brand name ? thank you love your content

@bethharvey5213 Год назад

Hello there well I am just ready to start setting up my amazon store. and I have just came to see about brand registry. is brand registry the name of your store. like candle store . or is it the name of a product that you are selling. like a candle. this is just an example. or is it when you have got a store name like candle store you just fill out a form that will help you protect your store ?? Beth

@robertpeters6366 2 года назад

Thank you ✅🐐

@GhanimehDesigns 3 года назад

So if I want to register a character design, that currently I only have listed on RedBubble, Society6, Deviantart, Instagram and Patreon, am I better going down the Copyright route? I feel like because I have products with the design on that I need to Trademark this... Thank you for this video by the way, it is helpful I am just really new to this!!

@RockYourBrand 3 года назад

I'm not really sure about protecting artistic works like that. best speaking to an intellectual property expert as they will be able to give you the best advice, as it may be different on per country basis :) Thanks for watching :)

@malcomwilliams504 Год назад

You Mentioned that a registered mark must be in constant use . Is there a defined amount of time that's considered constant for this reason ?

@mollikfathemaakthershamima7876 3 года назад

thanks a lot.

2 года назад

Where did u get the light up logo done?

@jameskane1956 Год назад

Hello my fellow Scotsman!

@RockYourBrand Год назад

Hello there James 😁

@chadedwards1037 5 месяцев назад

Love the info. Is it possible to use toys in RU-vid videos? I haven’t found any solid info on using toys?

@theherblisttv Месяц назад

How do you find out if your brand name is being used in the same industry you’re working in?

@archaninionpastor8980 3 месяца назад

thankyou helps alot

@zeke6690 Год назад

Watching this video because this is very relevant in the Philippines atm. A leading noontime show called Eat Bulaga is now being battled in court by the founding fathers (Tito, Vic and Joey) and their previous production company (Tape Inc). TVJ and rest of the cast moved to a different network, and Tape Inc wont let go of the title of the show that has been around for 44 years, claiming they have legally trademarked it in 2011. Well in fact, TVJ invented the title of the show, as well as the music and segments. Which they are claiming they have the copyright of the whole show as they were the inventors.

@RockYourBrand Год назад

oh, this is interesting. They may well have copyright over the music but in terms of the Trademark of the name, usually the trademark holder would win that battle. Will be interesting to see how a court rules on the basis that this is a 44 year old running show.

@zeke6690 Год назад

@RockYourBrand this is actually what I think is going to happen. Legally, Tape Inc can keep the title of the show...and the TVJ can go on with the new show with its original music and segments, but on a different title of the show (which they are temporarily using "E.A.T.". But losing the trademark case means they will have to think of a title that isnt similar to Eat Bulaga). You should search for this ongoing court battle because it's very interesting. It's a 44 yr old show. This is probably one of the oldest and running entertainment shows in the world !

@zeke6690 Год назад

@@RockYourBrand I just had a look. Eat Bulaga is ranked 31st as the longest running show... and 2nd longest active variety show in the world (1st goes to a variety show in Brazil that has been active for 58 years)

@halimabibi8522 3 года назад

Hi great video thankyou! :) Can I Ask U Question please :) can I trademark or copyright an actual piece of artwork for example a peice of pottery and then trade mark the bussinnes name which has pottery in for example my first pottery? .. I've had previous bussiness making wedding keepsake flowers many years ago but I've had an actual customers rip my workoff copied it exactly 😞and messaged me saying bussiness is bussines really upsetting would like to do things differently this time round any advice is welcome thankyou

@RockYourBrand 3 года назад

So, would the business name be My First Pottery? If so, then yes, I believe that you could trademark that name. As always, i would suggest speaking to an actual intellectual property expert for the best advice :) As for copyright with regards to a piece of artwork. Generally you have copyright on something the moment that you create it. If someone copied your design, then again, it is best to seek help from a specialist in intellectual property law. As there are many different angles that these situations can be looked at. Sorry I couldn't offer you a straight yes or no answer.

@iamxyresic Год назад

So if I’m making an app that has a common name, would I just trademark the logo then?

@oseibonsujoseph6774 Год назад

Please how can I do copyright for a client

@FUNNYMANERICWHITE 10 месяцев назад

Thanks

@danielmalinen6337 2 года назад

This makes me wonder how it is possible for people in Finland to brand and productize themselves as trademark. This is especially recommended for artists and jobseekers because experts say that it makes it easier to sell their skills and knowledge. But how some individual person is eligible or able to be a trademark?

@RockYourBrand 2 года назад

If you build a business that is built entirely around a person, then you can trademark that personal brand to protect the business venture. This is different to building a personal brand in order to make your job prospects better. I'm not an expert in the field of trademarking, and the area of personal branding is quite broad.

@tupapichulo5964 3 года назад

Question: Can both, TM and Copyright be embedded at the same time?

@RockYourBrand 3 года назад

You would use a ™ symbol with a logo. You wouldn't use the copyright symbol with a logo. Copyright usually exists at the bottom of a page in a statement form. For example © Copyright Pixels Ink 2021

@marcusmichael_ 2 месяца назад

if I register a brand name and create different styled logos using different colours/fonts, do I need to do anything else or is that registered brand name enough for protection of multiple logos?

@RockYourBrand 2 месяца назад

Registering a brand name does not protect the logo designs. You must also register any logo designs that you’d like to protect.

@marcusmichael_ 2 месяца назад

@@RockYourBrand great thanks! would you recommend a site to use?

@niobipal7627 3 года назад

i think someone already asked something similar so sorry for that..So the companies that sell harry potter themed products are ''illegal''?

@RockYourBrand 3 года назад

If they have purchased a license to sell Harry Potter products they can do so. If they haven’t purchased a license then yes, it is illegal as they are breaking copyright and trademark laws.

@georgevee5034 2 года назад

What website can I use to register a trademark for my brand name?

@RockYourBrand 2 года назад

Hey there George, You can either use a 'done for you service' like trademarkwizards.co.uk/ or you can do it yourself through your countries trademark website. For example, in the UK it is www.gov.uk/how-to-register-a-trade-mark, in the USA it is www.uspto.gov/. I personally used Trade Mark Wizards. It costs more than doing it yourself, but they helped to make sure I covered all the areas that I needed, and also helped me when someone objected to one of my trademark registrations.

@a-visible.change.6718 3 года назад

Can you stop company's from using your copyrighted logo if they steal your actual name but not the physical logo & place their phone number on your company name but not the logo it self. If so how? would a cease & desist letter stop it.

@RockYourBrand 3 года назад

My advice would be to contact an intellectual property / copyright expert. There are lots of variable that could mean they can use the same or similar name.

@kayemm5331 9 месяцев назад

Hi @rockyourbrand, my son has a picture with wording underneath. Would these be trade marked separately or could they be done as one. Thank you in advance.

@RockYourBrand 9 месяцев назад

Hey, You can register them together as a trademark. My logos for example are registered both complete (image and text) and I also have the image (symbol) registered on its own. From what I know, if I wanted yo use only the symbol without the text, that needed to have its own registration. If you’ll always have the image with the text when in use, then trademarking them together as one thing would be enough. I’m not a trademark expert, so I would always recommend consulting with one if you can :)

@kayemm5331 9 месяцев назад

Wow , greatly appreciate you replying. Thank you ever so much. ☺️☺️☺️ Massive help for me.

@eijnektv2774 Год назад

What if someone register your brand (trademark) and your the owner(copyright)..who really owns it now?

@chicblanc8196 3 года назад

I started my own business and another person copied my name and logo started after me , I went to apply for trademark but she applied before me I am so frustrated and don't know what to do :(

@RockYourBrand 3 года назад

I am really sorry to hear that. Unfortunately there really isn't much you can do in that situation. You could speak to a trademark specialist and get their advice, but I fear that you will probably have to come up with a new name and logo :(

@wendylocs 3 года назад

So my 14-year-old daughter is really good at drawing and we are going to be putting one of her drawings on clothes and her hoodie and she’s going to attempt to sell those so in order for her to protect her art her signature or name she would have to apply for a copyright or trademark? we live in Las Vegas Nevada

@RockYourBrand 3 года назад

Hi, As soon as your daughter creates a piece of art, then she automatically assumes copyright on that piece of artwork. The tricky part is that different countries have different regulations on copyright. I'm not a legal expert and so anything I say needs to be taken in that manner. Many Intellectual Property experts will give a free initial consultation call and it might be worth you doing a Google search for an IP lawyer/Expert in the US and speaking to them.

@lebrinrajanlevi 3 года назад

Hi, in the US, I'm pretty sure you need a certification of copyright to claim something as yours. copyright.gov has the information on how to submit ur work, payment, etc. It mostly matters especially if you end up in court with a copyright issue and u need proof to show that work is yours.

@imajointt 3 года назад

Can I copyright or trademark my name as a music artist ? I have a lot of people trying to steal my name and impersonate me and I can’t do nothing about it but I heard that I would have to get my name copyrighted or trademarked so I can have people stop impersonating me

@RockYourBrand 3 года назад

I'll be honest and say I don't know the answer to that, and you should reach out to a trademark specialist and ask their opinion.

@Semy_04 Год назад

Question: I pay an artist to draw some characters for me, and I want to copyright my own characters, will that person/artist be in trouble if she has the art that I pay her to draw? (Also, all the artists want to be credited for the drawings she did and that's it)

@RikaEStudios Год назад

Write up a contract that states you will own the copyrights to the final product.

@Semy_04 Год назад

@@RikaEStudios Do you where I can do that? I am trying to make a cartoon web series

@aquariuspiscescuspgirl7839 2 года назад

If my business name is in my logo and my logo also has an art design .. and I copyright it .. is the name also protected?

@RockYourBrand 2 года назад

In order to protect a business name and a logo you must register it as a trademark :)

@johnbobbypringle 2 года назад

Hello, I am wondering if I would be allowed to use my surname as my trademark? As you can see, my surname is a famous brand but I believe I should still be allowed to use it considering it is my name

@RockYourBrand 2 года назад

At its core, trademarking is about whether someone could potentially be confuse dinto thinking one brand is another. There have been instances where people have been denied trademarks even though it is their legal name. You should consult with an Intellectual Property / Trademark expert due to your name being the same as a leading global brand.

@nv-systems 3 года назад

Soo can I print mugs with harry potter and sell them if I buy the images from somewhere .. for example at Etsy , No ?

@RockYourBrand 3 года назад

No you can't. You would need to contact the person/company that owns the rights and trademark to Harry Potter and purchase a license from them to be able to sell items using their intellectual property.

@nv-systems 3 года назад

@@RockYourBrand thanks

@movingartillery5718 Год назад

Hopefully I can still get a reply here knowing that this video is already around two years old. My question is, how about building designs, or the interior or exterior designs of a car? Are they copyrighted or trademarked (if the company decided to register them)? I'm afraid that the artworks I make might infringe on those copyrights or trademarks.

@RockYourBrand Год назад

I’m not sure about buildings, but I’d imagine that car designs are most likely Patented, which is similar to trademarking. I’ll be honest here and say that I’ve not looked too deeply into this, though. The best thing to do would be to reach out to the building owners or car manufacturers and ask them if you can use imagery of their building/car in your artworks.

@movingartillery5718 Год назад

@@RockYourBrand Thank you so much for the quick response! In that case, I think I'll be sticking with really generic designs (like the rectangular basic designs) when it comes to buildings since I don't think anyone would be greedy enough to register such designs. As for cars, this I'd rather not risk it lol.

@AntOninPortequoi 3 года назад

I am a comic book artist and i want to publish my own character, i'm starting to share my design of him on instagram, that's why i want to own the rights to it, should i use copyrights since it's a character, a concept, an idea and a design?

@RockYourBrand 3 года назад

Hey there, I'm not a legal expert, but from my understanding, yes, this is an area of copyright. So you should use the © symbol and have a copyright statement posted somewhere near your work. Whether that be a specific page on your website or in the about section on social media. This link can help with the statement: www.examples.com/business/copyright-statement-example.html For more detailed advice, you should seek out a copyright expert :)

@onuohaudeagha1255 3 года назад

@AntOninPortequoi I am also a comic artist. Can we talk, please? Maybe WhatsApp, Facebook, email or anywhere else you prefer?

@AntOninPortequoi 3 года назад

@@onuohaudeagha1255 yeah let's do that, check my Instagram: instagram.com/antonimp616/

@havilahheals Год назад

So can you copyright a business name or does it have to be trademarked only?

@RockYourBrand Год назад

I don’t believe you can copyright a business name, but you can register it as a trademark.

@fakefakefake7952 3 года назад

I intend to run an Instagram account for my illustrations and poems. All my own creative work. Shall I use © or ™??!

@RockYourBrand 3 года назад

I would use the © and create a Copyright statement. This might help you: www.examples.com/business/copyright-statement-example.html

@watercat1248 7 месяцев назад

I have I few questions 1. How I will able to know if what try to make is in copyright ©️ or not 2. Does TM apply to only for logo's and stuff like like that ? I asked because I'm solo developer and I want to know alow and not allow to add in the games I create I personally avoid to use stuff for other creators but because I have plan to add I few Easter eggs it's important to know what stuff I'm allowed to add on those Easter eggs.

@RockYourBrand 7 месяцев назад

Due to your purposes I would definitely recommend speaking to an intellectual property expert. Registered Trademarks apply to brand names and logos. You also have registered Service Narks which apply to service offerings. If you are not the original creator of something then it is best to assume it is under copyright or trademarked and you should reach out to the owner if you want to utilise it in any way.

@watercat1248 7 месяцев назад

@@RockYourBrand that make sens thenks for answer

@VetbossOfficial 11 месяцев назад

Where can I register copyright and trademark? I want to trademark or copyright my name Edit: where can I contact professionals

@RockYourBrand 11 месяцев назад

You can Google search for ‘Trademark Registration Services’ and you’ll get results for companies that can help you. I can personally recommend Trade Mark Wizards. They have helped me to register my trademarks and also trademarks for my clients. www.trademarkwizards.co.uk

@VetbossOfficial 11 месяцев назад

@@RockYourBrand ty

@VetbossOfficial 11 месяцев назад

@@RockYourBrand I’m thinking of trademarking my RU-vid name so I can get Vetboss and not Vetbossofficial as my handle cause some other channel took the name

@Despolitizado Год назад

so if I don't register a character that I created and I have the right to copy, can someone register him as a trademark before me?

@RockYourBrand Год назад

Each country's copyright laws can be different. In the UK, if you create a character then you hold the copyright to that character as far as I am aware. If someone then tried to trademark that character, you would have a strong case against them. It is always best to seek the advice of an intellectual property expert in your location because as I say, laws can be different depending on where you live.

@_Rainbooow Год назад

he looks like he made homemade moonshine

@RockYourBrand Год назад

I'm more of a craft beer and rum kinda guy :)

@brianbradley1345 4 года назад

How come some companies say copyright at the bottom of their site

@RockYourBrand 4 года назад

This is the company telling the viewer that the content of the website belongs to them under copyright law. If anyone was to copy that content and use it elsewhere then the company could take the copyright infringer to court.

@brianbradley1345 4 года назад

@@RockYourBrand and one more question I have a fashion line should I rely on common law trademark until I am able to get proof of commerce.

@RockYourBrand 4 года назад

Hey Brian, I’m afraid I don’t know the answer to that and I wouldn’t like to guess. I’d advise you contact either a professional intellectual property advisor or maybe speak to someone else who is in the fashion sector that might have had to deal with the situation you have.

@chrbx13 Год назад

If a copyrighted work is produced within the UK does the copyright only exist in the UK? Or worldwide? As different countries have different laws? How will u prove the work was made in tangible form in the UK and not say India?

@chrbx13 Год назад

How will u have the copyright worldwide when there's diff laws?

@chrbx13 Год назад

How do ppl prove their work is original as most things are derivatives and not original

@king0vdarkness Год назад

5:15 what about the TM mark?

@RockYourBrand Год назад

Anyone can use the TM mark. It holds no legal standing and doesn't offer any intellectual property protection. I talk about TM in this video ---->> ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-2s1tuGL-EV0.html 😀

@criticalwealththeory 2 года назад

how do u copy right an idea

@RockYourBrand 2 года назад

You can’t copyright an idea. You can only copyright tangible works e.g written documents, music recordings, artwork etc.

@TemplarsCreed 3 года назад

Thanks for this video it helps a lot. Can i just check something with you then, I plan to open a bar in Cambodia and it will be Themed from a video game or Movie franchise, involving appropriate themed bar staff costumes. This is perfectly legal and doesn't infringe Copyright or Trademark as a bar is not associated with the gaming/film industry correct? It would explain some of the named bars I've come across (SKYFALL and Vice City to name a few). Please let me know it's really appreciated :) Sub'd

@RockYourBrand 3 года назад

That is a tricky one, because people may think that your bar is officially connected to the movie/game and that is where the game or movie companies can come in and stop you. if there was an incident at your bar, then that could impact their brand if people believe the two are connected. If it was me, I'd proceed with caution.

@TemplarsCreed 3 года назад

@@RockYourBrandOk thanks for the info, what are my options? Could I get away with spoof/parody? Or would I need to try and get permission from parent company (is that possible/likely)? Im curious on how some bars are allowed to be called certain names? Also does SouthEast Asia follow the same strict guidelines on Copyright /Trademark? Is that how bars seemingly get away with it? I'll have to go back to the drawing board if I can't set this bar up, which sucks because I've done a lot of planning. I'd have to tweak it massively without loosing the appeal. Almost impossible lol.

@TemplarsCreed 3 года назад

@@RockYourBrand Or if I put a massive sign on the bar saying "unlicenced" or "Not property of X" in the Neon signs above the bar entrance. Would that suffice?

@AlexbatYudah 3 года назад

hello Great video, Can I trademark my name in the UK? I am actually very serious can I? If so how?

@RockYourBrand 3 года назад

Hi Alex, If you are interested in trademarking, get in touch with Trade Mark Wizards. (trademarkwizards.co.uk). They will be able to give you advice on the trademark process and help guide you. They are the company I use for my clients and my own registered trademarks.

@AlexbatYudah 3 года назад

@@RockYourBrand thanks so much

@momenkhalid9735 2 года назад

@@AlexbatYudah hi dear hope you get ur trademark registered in UK already, Let me know if u want to register ur logo in UAE or any other country we can help you

@AlexbatYudah 2 года назад

@@momenkhalid9735 ok thanks 😊

@lg654music4 Год назад

Can you copyright a title like for a show

@RockYourBrand Год назад

You can’t copyright a tv show title, but you can trademark it for use in brand/branding for example, merchandise products like t-shirts, mugs, toys etc.

@lg654music4 Год назад

@@RockYourBrand what if i work at this production company and i created the title but they trademark it first can i still file for a trademark?

@RockYourBrand Год назад

@@lg654music4 you can't file a trademark on something thathas already been trademarked. You'd need to seek the advice of an Intellectual Property professional in that instance.

@benzflynn 3 года назад

2:43 A colour ? But colours are already there to be used by anyone. In theory there are an infinite number of colours in the visual range. In practice, the human eye cannot distinguish colour wavelengths unless they are a given number of nanometres apart on the spectrum - so there's a finite number of colours to the viewing public. How could someone just "register" a certain shade of orange and keep its use in a single sector all to themselves for little more than $20 a year ? If colours are trademarkable, what's next ? The note doh on the C scale ? An embarrassing noise recorded from a camel's rear end ? The Marilyn strut ? ("Don't let your sow walk like that, Mr Jackson - it's too close to the registered Marilyn strut !")

@RockYourBrand 3 года назад

There needs to be very specific criteria in order for some to trademark a colour, but if the public at large associate a colour very strongly with a specific brand, then that brand can apply to protect the use of that colour for their brand in their industry to prevent a competitor from also using that colour.