3 Common Misconceptions About Trademarks

By Doni Robinson


1. A trademark is the same as a copyright

THE TRUTH – Trademarks and copyrights are totally different in law and in practice. A copyright would be appropriate for a piece of artwork, while a trademark protects your brand as an identification of source.

2. Having a registered trademark means no one else can have the same one

THE TRUTH – the same word or phrase can oftentimes be trademarked by more than one person, so long as the goods and services are different.

3. TM and ® mean the same thing

THE TRUTH – anyone can use “tm”, but only those with a registered trademark can use the ® symbol.