What exactly is the difference between copyright and trademark? How? 4 Answers as of May 11, 2015

I designed a slogan for a company, and they ended up not using it, and I still have the rights to it. Thing is, I am not sure what I have the rights to exactly. Since it is a slogan, should I protect it through copyright? Or do I protect the design by trademarking it? What exactly is the difference?

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Banner & Witcoff, Ltd. | Ernie Linek
Trademarks are the "brand name" of goods. Think - Ford cars & trucks. Tide laundry detergent. Budweiser beer. Copyright protect original artistic creations - books, movies, songs, plays, etc. Copyright does NOT protect slogans. In order to protect your new slogan as a trademark - you need to use it commercially for a product. Good luck.
Answer Applies to: Massachusetts
Replied: 5/11/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
A copyright is for an "artistic expression" like a song, poem, picture or movie.? A Trademark is usually for a company name like Nike, Oakley, or Lexus.? But can also "be the mark the company uses like the Nike "swoosh", the Oakley "O" or the Lexus "L" A slogan would usually be covered by a service mark or SM, like "better ingredients makes better pizza". Without knowing the mark or what it pertains to I can't give you an exact answer. You might want to consult with a local IP attorney or agent.
Answer Applies to: California
Replied: 5/11/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Copyright protects the expression of an idea. Trade and service marks indicate who the source of a good or service is. Generally, slogans, like book titles, can't be copyrighted. Occasionally, they can be trademarked. There are exceptions, of course. If the slogan is more than just the words, if it includes an original design and the words are part of that design, you probably already have the copyright on it since copyright protection springs up as soon as an original work is fixed in a permanent medium. You're not required to register it with the U.S. Copyright Office but you can; it doesn't cost much and it adds a little bit more protection.
Answer Applies to: Nebraska
Replied: 5/11/2015
Microtechnology Law & Analysis | Daniel Flamm
1. You probably cannot protect it by copyright. 2. If it is not used in commerce, you won't be able to protect since it is not actually a trademark. You can register an intent to use to obtain priority and temporary protection (assuming others are have not already registered the mark or are using in in commerce),, but that protection will not last if use does not timely follow.
Answer Applies to: California
Replied: 5/11/2015
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