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ARTICLE · 20 MAY 2020

Why pay for a trade mark when I can get copyright for free?

From a brand protection perspective, registered trade marks generally trump copyright.

AustraliaIntellectual Property

A question sometimes asked by companies seeking trade mark protection is whether they can avoid the cost by simply relying on copyright to protect their valuable brand names and logos. Copyright is a very useful form of IP and certainly has its purpose.

For instance, copyright covers a broad range of subject matter (e.g. from literary, artistic and musical works, to films and radio broadcasts). Further copyright protection is usually automatic (i.e. it is free and in many countries does not need to be registered) and it generally offers a degree of international protection for a lengthy period of time.

Conversely, trade marks must usually be registered separately in each country of interest, and must also be renewed in ten year blocks. Trade mark protection can also be revoked if a trade mark is not used, whereas there is no 'use it or lose it' requirement for copyright owners.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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