In modern business, protecting intellectual property is essential for building a sustainable brand. However, many companies still confuse copyright and trademarks, which can lead to choosing the wrong protection mechanism or having insufficient protection, increasing the risk of copying and infringement.
This article explains the differences between copyright and trademarks, and how they apply in practice – especially for logos, designs, and brand identity elements.
1. What is Copyright?
Copyright protects the expression of a creative work.
Works eligible for copyright protection include:
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Logos and applied art designs
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Packaging, labels, patterns
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Books, articles, academic materials
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Films, advertising videos, photographs
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Music, scripts, literary works
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Computer software and applications
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Architectural designs
When does copyright arise?
Copyright automatically arises as soon as a work is created and fixed in a tangible form (drawing, design file, manuscript, etc.).
→ Registration is not mandatory, but registering copyright provides strong legal evidence in case of disputes.
Term of copyright protection:
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For most works: the author’s lifetime + 50 years
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For certain types (films, photographs, applied art, etc.): 50 years from the date of first publication
Purpose of copyright protection:
✔ Prevent unauthorized copying
✔ Protect the form of expression of the work
✔ Create a legal basis for enforcement
2. What is a Trademark?
A trademark is a sign used to distinguish the goods or services of one organization or individual from those of others.
Signs that may be registered as trademarks include:
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Brand names
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Logos
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Slogans, product names
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Distinctive packaging used as a source identifier
When does trademark protection arise?
Trademark rights arise when the mark is granted a Trademark Registration Certificate.
(The only exception is well-known trademarks, which are protected without registration.)
Term of trademark protection:
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10 years from the filing date
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Indefinitely renewable, every 10 years
Purpose of trademark protection:
✔ Prevent the use of identical or confusingly similar signs in commerce
✔ Protect brand value and market identity
✔ Provide a legal basis for licensing, franchising, and enforcement
3. Key Differences Between Copyright and Trademarks
| Criteria | Copyright | Trademark |
|---|---|---|
| Protected subject matter | Expression of a creative work | Sign used to distinguish goods/services |
| When rights arise | Automatically upon creation | Upon grant of a registration certificate |
| Purpose | Prevent copying and unauthorized use | Prevent confusion in trade |
| Term of protection | Author’s life + 50 years / or 50 years depending on the type of work | 10 years, renewable indefinitely |
| Application to logos | Protects the design and artwork of the logo | Protects the logo as a brand identifier in the marketplace |
| Role in branding | Protects creative output | Protects market identity and consumer recognition |
4. Should a Logo Be Protected by Copyright or Trademark?
The best strategy: BOTH.
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Copyright protects the design and artistic expression of the logo.
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Trademark protects the logo’s function as a brand identifier in business.
→ Dual protection allows businesses to:
✔ Act more quickly against infringement
✔ Enforce rights more comprehensively
✔ Strengthen their legal position in disputes
✔ Enhance brand value in licensing, franchising, and investment
5. Which Protection Should Your Business Choose?
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If you have logos, packaging, visual designs → Register both copyright and trademark
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If you have creative content (books, software, videos, articles) → Register copyright
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If you have brand names, product names, slogans → Register trademarks
Tran & Tran – Copyright & Trademark Registration Services
Established in 2013, Tran & Tran has over 12 years of experience assisting Vietnamese and international clients in protecting and leveraging their intellectual property assets, including:
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Copyright registration (logos, designs, software, digital content)
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Trademark registration in Vietnam and abroad (via the Madrid System)
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IP strategy and brand protection consulting
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IP enforcement and dispute resolution
We are committed to providing accurate, efficient, and comprehensive IP protection solutions tailored to each client’s business model.
TRAN & TRAN INTELLECTUAL PROPERTY LAW FIRM
📍 Room 802, Talico Building, 22 Ho Giam Street, Van Mieu – Quoc Tu Giam Ward, Hanoi, Vietnam
📞 +84-24-37327466 | 📱 +84 917 913 266 (Mr Peter Phuong Tran)
📩 ip@trantran.vn
