To protect your intellectual property, trademarks and copyrights are both important tools. However, it is sometimes confusing as to which type of protection you need. It is vital that you understand the differences between trademarks and copyrights, especially if you are conducting business within the field of commerce.
Copyright VS Trademark
There are some major differences between copyright and trademark:
| Copyright | Trademark | |
| Definition | Copyright is a form of property rights that is automatically granted to the owner of an original work when it is created. | A trademark is any mark that is capable of distinguishing one trader’s goods or services from those of another trader. |
| Governing law | Copyright Ordinance (Cap. 528) | Trade Marks Ordinance (Cap. 559) |
| Types of intellectual property protected | Literary, musical, artistic, dramatic and other specified intellectual works (e.g. software code and history tests) | Designs, words (including names), letters, numerals, characters, indications, colours, figurative elements, the shape of goods, the packing of goods and (possibly) sounds and smells |
| Need for registration | As copyright is an automatic right, it arises when a work is created. Hence, no registration is required and there is no official registry for registering copyright works in Hong Kong. | If you wish to register your trademark, you can file your application physically to the Trade Marks Registry or electronically via the Intellectual Property Department’s e-filing system. |
| Duration of protection | 50 years after the work’s creator passes away | 10 years but renewable for further periods of 10 years each, so a trademark can potentially last indefinitely |
Do I need copyright or trademark protection?
While copyright protects literary and artistic works like videos and books and trademark protects items that define a company brand like logos, you may need both copyright and trademark protection when running your business. For instance, Company X can apply to register its trademark to protect its name and logo, but at the same time, any books and videos that it has created would automatically be protected by copyright. Copyright protection and trademark protection are not mutually exclusive, so they can be acquired by your business based on its needs.
Key takeaways
- There are at least five main differences between copyright and trademark, including definitions, governing laws, types of intellectual property protected, need for registration and duration of protection.
- Whether you need copyright or trademark protection depends on your business needs. Nevertheless, as copyright protection and trademark protection are not mutually exclusive, you may acquire both.
Bibliography:
Intellectual Property Department, ‘Copyright Protection in the Hong Kong SAR’: https://www.ipd.gov.hk/eng/pub_press/publications/hk.htm