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    홈찾아보기Trademark vs Copyright

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    Trademark vs Copyright: Which Do You Need?

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    Trademarks protect your brand identity — names, logos, and slogans in the marketplace. Copyright protects original creative works — writing, code, art, and music. Copyright is automatic upon creation; trademark must be registered to get full protection. Most businesses need both, but they protect different things.

    주요 차이점

    항목TrademarkCopyright
    What it protectsBrand names, logos, slogans, packaging — marketplace identifiersOriginal creative works: writing, software code, art, music
    How acquiredMust be registered with USPTO (or national equivalent)Automatic upon creation — registration adds legal presumptions
    DurationIndefinite — renewed every 10 years with continued useLife of author + 70 years (work for hire: 95 years)
    Cost to register$250–$350 per class at USPTO~$45–$65 to register with U.S. Copyright Office
    MaintenanceMust prove continued use in commerce to maintainExists without active maintenance (registration is optional)
    Infringement concernBrand dilution, consumer confusion in the marketplaceUnauthorized reproduction or derivative works

    Trademark 선택 시

    • You are launching a product or brand with a name, logo, or tagline you want to protect
    • You want to prevent competitors from using similar brand names in your industry
    • You plan to scale nationally or internationally and need brand exclusivity
    • You are investing significantly in brand recognition and marketing

    Copyright 선택 시

    • You create original content — writing, software, art, music — as your core work
    • You want formal registration to strengthen your legal position in infringement cases
    • You are licensing creative works and need a clear ownership record
    • Someone has copied your work and you need to enforce your rights

    결론

    Most businesses need both — trademark for their brand identity, copyright for their creative output. Trademark is more actively useful for companies building a brand in a market; copyright is most valuable for creators and publishers. Start with a trademark search before launching any brand name — it is one of the cheapest and most important legal steps a new company can take.

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