When launching a business or creating original work, a key question arises: What is the difference between trademark vs. copyright, and how does it impact businesses? Whether you design a logo, compose a song, write blog content, or launch a brand, understanding your intellectual property rights is vital.
According to the International IP Index, global trade in IP assets increased over 17 times between 1990 and 2022, reaching US$446 billion, highlighting how central these protections are to commerce, innovation, and brand value.
In this article, we will clarify the definitions of trademark and copyright, compare their scopes and limitations, explain the registration process for both, and demonstrate how robust intellectual property protection can make the difference between a thriving business and one that risks losing everything it has built.
Key Takeaways
- Trademarks protect your brand identity, while copyrights safeguard original creative works.
- Every entrepreneur should understand the difference between trademark and copyright to know when each applies.
- Registering your intellectual property rights early prevents costly disputes and strengthens your business value.
- Both trademark and copyright can be strategic assets that attract investors, build trust, and secure long-term growth.
What Is a Trademark?
A trademark is a legal protection for elements that identify and distinguish your brand, such as a business name, logo, slogan, or even unique packaging.
It ensures that no other business can legally use these identifiers, giving you exclusive rights to build recognition and trust in the marketplace.
For entrepreneurs, a trademark is not just a shield against imitation; it is a valuable asset that enhances brand credibility and can even appreciate over time.
What Can Be Trademarked?
Before securing trademark protection for your brand elements, ensure your business is properly registered and compliant. Learn more about maintaining your business registration by following our step-by-step guide to filing company annual returns in Nigeria.
Not everything qualifies for trademark protection, but many elements that define your brand’s identity can. A trademark covers distinctive signs, symbols, or expressions that set your products or services apart from others in the market.
For entrepreneurs, this means you can secure exclusive rights to the features that make your business recognizable to customers.
Here is a breakdown:
| Category | Examples |
| Business Names | Company name, product line name |
| Logos & Symbols | Company logo, unique icons, brand marks |
| Slogans & Taglines | Nike’s “Just Do It”, MTN’s “Everywhere You Go” |
| Product Packaging | Distinctive bottle shapes (e.g., Coca-Cola contour bottle) |
| Colors and Sounds | Tiffany’s blue color, Intel’s “ding” sound |
| Service Marks | Unique identifiers for services (e.g., FedEx’s branding for delivery) |
Duration of Trademark Protection
Unlike copyright, which has a fixed lifespan, trademarks can last indefinitely as long as they are properly maintained.
In most countries, including Nigeria, a registered trademark is initially valid for seven years from the filing date, and then it can be renewed every 14 years indefinitely. In other jurisdictions, such as the United States and the European Union, the initial protection lasts 10 years, with the option of renewing every 10 years thereafter.
This means that as long as you continue to use your trademark in commerce and pay the renewal fees, your brand name, logo, or slogan can remain protected forever.
Maintaining your trademark requires staying on top of renewal deadlines and business compliance. If you operate as an NGO or incorporated trustee, check out our guide to filing incorporated trustees’ annual returns to keep your organization in good standing.
Importance of Trademarks
Trademarks are more than just legal protections; they are powerful business assets. They help entrepreneurs secure their brand identity, stand out in competitive markets, and build long-term trust with customers and investors.
By registering a trademark, you not only prevent infringement but also increase the commercial value of your business.
Here are reasons why trademarks are important:
| Benefit | Why It is Important for Entrepreneurs |
| Brand Protection | Prevents competitors from using your business name, logo, or slogan. |
| Customer Recognition | Builds trust and loyalty by helping customers identify your products or services. |
| Competitive Advantage | Creates a unique identity that sets your business apart in the marketplace. |
| Business Asset Value | A registered trademark can be licensed, franchised, or sold, increasing company value. |
| Legal Safeguard | Gives you the right to sue infringers and claim damages. |
| Investor Confidence | Strengthens credibility and attracts funding by showing brand security. |
See Also: Do I Need to Trademark My Business Name?
What Is a Copyright?
Copyright is a form of intellectual property protection that safeguards original works of authorship, from books, music, films, and software to photographs, blog posts, and digital art.
Unlike trademarks, which protect brand identifiers, copyright covers creative expressions and gives the creator exclusive rights to reproduce, distribute, perform, or adapt their work.
For entrepreneurs, especially in creative industries, copyright ensures that your content remains your legal property, prevents unauthorized copying, and allows you to monetize your creations through sales, licensing, or royalties.
Learn the full process in How to Register a Copyright Protection in Nigeria
What Can and Cannot Be Copyrighted
Copyright protection applies to original works that are expressed in a tangible form. This means that they can be written down, recorded, saved, or published.
It does not protect ideas, concepts, or methods until they are documented in a creative format. For entrepreneurs and creators, knowing what qualifies is crucial to avoid costly misconceptions.
Here is a clear breakdown:
| Category | Can Be Copyrighted | Cannot Be Copyrighted |
| Literary Works | Books, articles, blogs, poems, software code | Business ideas or unwritten concepts |
| Artistic Works | Paintings, drawings, photographs, graphics, architecture | Colors, shapes, or symbols without originality |
| Musical Works | Songs, lyrics, sheet music, sound recordings | Short phrases, titles, or single notes |
| Audiovisual Works | Films, TV shows, video content, online courses | Generic stage directions or plot ideas |
| Dramatic Works | Plays, screenplays, choreographies | Ideas for a story that have not been written or performed |
| Digital Content | Websites, blogs, software apps, social media content | Website domain names (covered under trademarks instead) |
| Speeches & Lectures | Recorded or written speeches, lectures, or presentations | Unwritten or unrecorded speeches |
| Industrial Works | Maps, technical drawings, blueprints | Processes, formulas, or inventions (these fall under patents, not copyright) |
Duration of Copyright Protection
Copyright does not last forever, but it provides long-term security for creators and entrepreneurs.
In most countries, including Nigeria, and under international conventions like the Berne Convention, copyright protection typically lasts for the author’s lifetime plus 50 to 70 years after death. For works created by companies or anonymous authors, protection often extends 50 to 70 years from the date of publication.
This long duration allows entrepreneurs, artists, and businesses to continue benefiting from their creative works through sales, royalties, or licensing agreements, while also ensuring heirs or estates can profit after the creator’s death.
Importance of Copyright
Copyright plays a crucial role in protecting the originality and value of creative works. For entrepreneurs, artists, and businesses, it ensures that your content cannot be copied or exploited without permission, giving you full control over how your work is used and monetized.
Beyond legal protection, copyright also creates commercial opportunities through licensing, royalties, and collaborations.
Here is why copyright is important:
| Benefit | Why It is Important for Entrepreneurs & Creators |
| Ownership & Control | Grants you exclusive rights to use, reproduce, and distribute your work. |
| Revenue Generation | Enables earning income through sales, licensing, or royalties. |
| Legal Protection | Provides grounds to sue if your work is copied or used without permission. |
| Global Recognition | Protected under international treaties (e.g., Berne Convention). |
| Incentive for Innovation | Encourages creators to produce more, knowing their efforts will be safeguarded. |
| Long-Term Benefits | Duration extends for the creator’s lifetime plus 50–70 years, benefiting heirs. |
See also: Common Mistakes Entrepreneurs Make with IP Protection. And read What Happens If Someone Infringes on Your IP.
Conclusion
Understanding the difference between trademark and copyright is essential for protecting your business’s most valuable assets, your brand identity and creative works. By registering both forms of intellectual property early, you safeguard your business from costly legal disputes, enhance your market credibility, and create assets that can generate revenue for decades. Whether you’re protecting a logo or original content, taking action today ensures your innovations remain yours tomorrow.
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