The Difference between Copyright and Trademark and sm
Copyright, trademark, and “SM” (service mark) are all types of intellectual property protection, but they cover different things and are used in various ways.
Copyright
- What it protects: Original creative works fixed in a tangible form, like articles, books, website copy, photos, videos, music, software, artwork, and graphics.
- What it does: Gives the creator exclusive rights to reproduce, distribute, display, perform, and make derivative works from that content.
- How you get it: Protection is generally automatic as soon as the work is created and fixed (though formal registration provides extra legal benefits, especially for enforcement).
- Typical symbol: © plus the year and owner name, e.g., on your website footer.
Trademark
- What it protects: Brand identifiers that distinguish the source of goods or services, such as business names, product names, logos, taglines, distinctive colors, and sometimes sounds.
- What it does: Helps prevent others from using confusingly similar marks in a way that could mislead customers about who is providing a product or service.
- How you get it: Rights can arise from using a mark in commerce (common-law rights), but registering with the USPTO or similar authorities gives stronger, nationwide protection.
- Typical symbols:
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- TM = trademark claim for goods, usually unregistered.
- ® = registered trademark (only used after official registration is granted).
Service mark (SM)
- What it protects: The same kind of brand identifiers as a trademark, but specifically for services instead of tangible goods (for example, a finance company’s name, logo, or slogan).
- How it works: Functionally the same as a trademark, just used in the services context; in practice, many people say “trademark” to refer to both trademarks and service marks.
- Typical symbol:
-
- SM = service mark claim for services, usually unregistered (you use it next to your service business name or slogan before registration).
Simple way to remember
- Copyright = protects creative content itself (what you write, design, record, or code).
- Trademark/SM = protects brand identity (how customers recognize your business, products, or services—names, logos, slogans).
For a service business like a Loan Company, you would typically use:
- SM (or TM) next to your name or slogan while unregistered, and ® after registration.
- © on your website content, blog articles, marketing copy, and images you own.
In Conclusion
If you have doubts about how best to protect your online assets, it is always best to seek legal counsel to be sure. A legal professional can help you understand your legal obligations, establish ownership, determine a valuation, and create legal documentation to manage your digital assets.
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