Key Takeaways
- Copyright and trademark offer distinct legal protections in the UK: copyright automatically protects original creative works, while a trademark registration uniquely protects a brand name, logo, or business identity.
- Registering a trademark is not automatic; you must apply to the UK Intellectual Property Office (UK IPO) to secure exclusive rights and robust legal remedies.
- Failing to protect your business name or logo leaves your brand exposed to competitors and potential disputes over ownership.
- Copyright arises automatically the moment a work is created and fixed in a tangible form—there is generally no registration system in the UK.
- A registered trademark provides the strongest legal defence and enables you to take swift enforcement action against infringement.
- Use copyright protection for creative works like written materials, images, and software, but rely on trademark protection for distinguishing names, logos, and slogans.
- Dual protection is possible: a logo may be protected by copyright for its design and by trademark for its use as a brand identifier.
- Key deadlines apply: trademark oppositions must be filed within two months of publication, so quick action is crucial when your brand is under threat.
- Not registering intellectual property may result in loss of exclusivity, weaker legal remedies, reputational harm, and higher commercial risk.
- If you’re unsure whether to protect your asset by copyright, trademark, or both, tailored legal advice can save time, cost, and stress.
- We are rated Excellent on Trustpilot with over 130 five-star reviews and an average 4.9/5 rating.
For trusted guidance on intellectual property registration or enforcement, book a Free Consultation with our lawyers on 0207 459 4037.
What Is the Key Difference Between Trademark and Copyright Protection in the UK?
Business owners often assume brand protection happens automatically at launch, but in reality, copyright and trademark law offer separate and distinct advantages. Copyright automatically covers original creative content (like text, art, or photographs), but only a registered trademark secures exclusive rights over a name, logo, or brand identity.
Registering the right form of protection is critical. Relying solely on copyright rarely stops competitors from using your name or logo. For a robust brand defence in England & Wales, it is always advisable to consider both forms depending on your goals.
If you’re unclear about which route is best for your business or creative work, our specialist lawyers are ready to provide clear, practical advice—book a Free Consultation or call 0207 459 4037 to protect your assets with confidence.
What Is the Difference Between Trademark and Copyright in the UK?
In England & Wales, trademark and copyright serve different but complementary roles:
- Trademark: A registered name, logo, slogan, or other distinctive brand element that sets your goods or services apart. The legal foundation is the Trade Marks Act 1994. Registration provides enforceable rights to stop others using similar branding.
- Copyright: Automatic protection for original creative works (texts, images, music, films, software) under the Copyright, Designs and Patents Act 1988. Copyright arises on creation—no registration required—and prohibits copying or use without permission.
A common misconception is that copyright automatically covers logos, business names, or short slogans. However, these often require trademark registration for meaningful legal protection.
To avoid preventable legal battles, our IP solicitors can assess your brand’s current protection and recommend a tailored strategy.
What Does Copyright Protect — And When Does It Apply?
What Types of Works Are Covered by Copyright in the UK?
Copyright covers a wide range of original works fixed in a tangible form:
- Written material (web copy, articles, books)
- Artwork (paintings, illustrations, digital graphics, photography)
- Musical works and lyrics
- Films and sound recordings
- Computer software and databases
- Dramatic performances, choreography
How Does Automatic Copyright Protection Work?
The core benefit of UK copyright is that it is granted immediately upon creation—no registration, forms, or fees required. However, to enforce your copyright, you must provide evidence of when the work was created and who the rightful owner is.
Copyright typically lasts for the life of the author plus 70 years (see section 12 of the Copyright, Designs and Patents Act 1988). Different terms apply for sound recordings and certain other works.
Copyright does not generally protect:
- Names, short phrases, titles, or slogans (unless highly original)
- Simple, generic designs or shapes
- Ideas not fixed in a recorded or tangible format
Keep records and file creation dates for your major works—these can make or break your case if a dispute arises.
If you believe you have lost out due to poor advice on intellectual property, you may also find our guide on What to do if your solicitor has been negligent useful.
What Can a UK Trademark Protect — And When Do You Need to Register?
What’s Covered by Trademark Law in England & Wales?
Registered trademarks cover:
- Distinctive business or trading names
- Logos, symbols, or graphical marks
- Slogans, taglines, or catchphrases
- Product names and series (e.g. “Galaxy Bar”)
- Unique packaging, shapes, or colours (in some cases)
The critical factor is that the trademark must distinguish your goods or services as originating from your business.
When Should You File for a Registered Trademark?
If you invest in brand recognition—through naming, logo design, or marketing—filing for a UK trademark is essential to secure:
- Exclusive rights to use your brand name, logo, or slogan in the UK
- Legal power to block others who use confusingly similar branding
- Asset value for licensing, sale, or partnership discussions
If you delay registration, a competitor could file first and force you to rebrand at significant cost.
Trademark protection only begins upon registration—without it, your business’ main differentiators are vulnerable.
Key Differences: Copyright vs Trademark UK (At-a-Glance)
| Feature | Copyright | Trademark |
|---|---|---|
| What it protects | Original creative works (writing, art, music, films, software) | Brand identifiers (names, logos, slogans, products) |
| Automatic? | Yes, from creation | No, requires formal application |
| Registration | Not needed in the UK | Required for strongest rights |
| Duration | Life of author + 70 years | 10 years, renewable indefinitely |
| Enforcement | Stops copying of the original work | Stops others using similar brands |
| Names/logos? | Only if highly creative | Yes, when registered |
Copyright vs Trademark: Which Right Applies to Logos, Names, Images, and Slogans?
- Logos: Copyright protects artistic design; trademark registration is needed to defend its use as a brand.
- Names/Slogans: Only trademark law offers full protection (if registered).
- Images/Photos: Copyright always applies; trademark only if used as logos.
- Product Names: Trademark protection only.
| Asset | Copyright Protection | Trademark Protection |
|---|---|---|
| Artistic logo | Yes (if sufficiently original) | Yes (if registered) |
| Business name | No | Yes (if registered) |
| Photo/image | Yes | No (unless logo) |
| Slogan/tagline | Rarely | Yes (if registered) |
Can You Protect the Same Asset Using Both?
Knowing which rights attach to each asset ensures maximum coverage and reduces legal risk in the event of a dispute.
Risks of Not Registering Trademarks and Over-Relying on Copyright
What Happens If You Don’t Register Your Brand as a Trademark?
Without trademark registration:
- You may have no grounds to stop another firm using the same or a closely similar name/logo, even on the same street.
- A competitor could register first, exposing your business to rebranding costs, lost goodwill, and expensive litigation.
- Investors and major clients routinely request trademark evidence before signing commercial contracts.
Registering puts your rights beyond doubt and deters infringers from free-riding on your investment.
Real-World Consequences and Legal Remedies
If you rely on copyright alone:
- It is often difficult to prevent others using your brand name or logo unless your design is genuinely artistic and original.
- Trademark owners can access streamlined legal processes for infringement, including court injunctions, damages, and online platform takedowns, while copyright alone is much less effective for commercial branding issues.
Instructing our IP solicitors can ensure these steps are taken before serious reputational or financial damage occurs.
For current legal developments, you may also find our article on Sky v SkyKick: Supreme Court Redefines Bad Faith in Trademark Law helpful if you are dealing with bad-faith trademark disputes.
How to Register a Trademark in the UK: Step-by-Step
Trademark Application Process with the UK IPO
- Search Existing Trademarks
Use the UK IPO’s online tool to ensure your desired name or logo does not conflict with existing trademarks. - Prepare Your Application
Collate images of your mark, specify goods/services (using the Nice classification system), then submit electronically via the UK IPO site. - Pay the Fee
The standard fee is £170 for one class; each extra class is £50. - Examination by UK IPO
The IPO checks for legal or technical barriers to registration. - Publication for Opposition
Your trademark is published for two months. Anyone who believes your application conflicts with their rights can file an opposition. - Registration
If unopposed, or any challenges are resolved in your favour, your mark is registered for 10 years and can be renewed indefinitely.
Deadlines, Oppositions, and Timeframes
A typical UK trademark application takes three to four months if uncontested. If objections or oppositions arise, you generally have only two months to respond or negotiate.
If you are facing objections or have received notice of opposition, our fixed-fee trademark lawyers can help prepare the strongest response and guide you through negotiations.
What Laws and Deadlines Apply to Copyright and Trademarks in the UK?
Copyright, Designs and Patents Act 1988: Key Points
- Copyright arises automatically for original artistic, literary, musical, and dramatic works from the moment of creation.
- Rights last for the life of the author plus 70 years.
- Only the expression of ideas is protected, not the ideas themselves or generic elements.
Trade Marks Act 1994: Core Points for Businesses
- Enables registration of names, logos, slogans, packaging, and (sometimes) shapes or colours.
- Requires marks to be distinctive—not generic or purely descriptive.
- Grants robust enforcement rights, including lawsuits for infringement and the ability to block imports of infringing goods.
- Two-month opposition and further cancellation periods permit challenges to registrations.
- Trademarks initially last 10 years, renewable as long as fees are paid.
Brexit and Its Impact on UK Trademark Rights
Since Brexit, EU trademarks (EUTMs) no longer cover the UK. If you want protection in both regions:
- Submit separate applications for UK and EU trademarks.
- UK rights for existing EUTMs as of 31 December 2020 were automatically “cloned” by the UK IPO.
Contemporary cross-border businesses should review their registrations and ensure all key markets are covered.
Deadlines and Enforcement Windows
- UK trade mark opposition period: two months after publication (extendable).
- Trademark renewal required every 10 years—missing a renewal may lead to irreversible loss.
- Copyright enforcement: permitted at any time, but delay or inactivity can reduce your remedies.
Monitoring deadlines and acting promptly is paramount for full IP protection.
What Do the Courts Say? Trade Mark and Copyright Case Law Explained
| Case | Facts | Outcome | Key Takeaway |
|---|---|---|---|
| Arsenal v Reed [2003] EWCA Civ 696 | Market trader sold “Arsenal” merchandise using official club logos | Trademark infringement was found | Registered trademark stopped unauthorised use of the brand |
| Fraser v Thames TV [1983] 2 All ER 101 | TV company used a writer’s script without permission | Copyright was upheld | Copyright automatically protected the author’s original work |
| W3 Ltd v easyGroup [2018] EWHC 7 (Ch) | Dispute over business use of “easy” within new company name | “easy” trademark ownership upheld | Even descriptive names can become distinctive through use |
These cases highlight how prompt and strategic use of copyright or trademark rights directly impacts your ability to protect or enforce your IP.
Can You Have Both Trademark and Copyright Protection in the UK?
Dual Protection for Logos, Videos, and Packaging
Many valuable assets qualify for overlapping protection—giving you an upper hand in enforcement:
- Logos: The design is protected by copyright, while a registered trademark ensures brand exclusivity.
- Product packaging or videos: Artistic elements fall under copyright, and if the packaging is distinctive and used as a brand identifier, it may gain trademark protection.
- Videos: Copyright applies to original footage and creative direction, while recurring title sequences or brand stings can be trademarked.
Dual protection means you can pursue both copyright claims (against direct copies) and trademark actions (against brand imitation or competitor misuse).
Pros and Cons of Registering Both Copyright and Trademark
Benefits:
- Broader protection against both direct copying and unfair brand competition
- Faster and more powerful legal remedies, including injunctions and platform takedowns
- Higher business valuation for licensing, franchising, or sale
Possible limitations:
- Additional registration and renewal costs
- Some assets may not qualify for both types of protection (generic logos, for example)
Not every asset will qualify for both registrations, but where possible, the additional security is well worth the investment.
Our Winning Approach to Trademark vs Copyright Protection
Our intellectual property solicitors are trusted by established and fast-growing brands:
- Recognised by the Law Society Gazette and LexisNexis for innovative fixed-fee IP advice and real-world litigation results.
- Secure client communication channels (including Go Transfer portal and WhatsApp access) for rapid, confidential support.
- Successful enforcement strategies—spanning urgent High Court applications, negotiated settlements, and online takedowns.
- Startups and investors rely on us for IP reviews and layered protection, making brands “due diligence ready” for funding rounds.
- Post-Brexit, we provide dual UK/EU strategies for businesses trading across multiple jurisdictions.
- In high-value disputes, “no-win-no-fee” options may be available to reduce upfront risk for approved cases.
For a tailored IP review, registration, or an urgent enforcement matter, book your Free Consultation with our expert lawyers.
Frequently Asked Questions
Do I need to register a trademark in the UK if I already have copyright?
Yes, if you want exclusive rights to a business name, logo, or slogan. Copyright protects creative works, not commercial brand identifiers.
Can I copyright a logo in the UK, or do I need a trademark?
You may automatically own copyright in the artistic elements of your logo. However, trademark registration is essential to block others using similar branding in the marketplace.
What is the process for challenging a trademark application?
Any third party can file an opposition within the two-month publication window at the UK IPO, providing legal grounds such as earlier rights or likelihood of confusion. Prompt and evidence-backed challenges are vital.
How long does copyright last compared to trademark rights in the UK?
Copyright usually lasts for the author’s lifetime plus 70 years, while trademarks are registered for 10 years but can be renewed indefinitely if renewal fees are paid.
Are UK-registered trademarks still recognised in the EU after Brexit?
No. Separate trademark protection is needed for the EU and UK now—ensure you apply in both if trading overseas.
Does copyright protect business names and slogans?
No. Copyright rarely protects names or slogans. Registering a trademark is key for these kinds of identifiers.
What are grounds for refusing a trademark application?
Marks may be refused if they are generic, purely descriptive, non-distinctive, or conflict with pre-existing registrations.
Can I sell or license copyright and trademark rights separately?
Yes, both copyright and trademark rights can be licensed or transferred independently, allowing flexible commercial arrangements.
What happens if someone copies my design but not my brand name?
You may have a copyright claim if the design is original. If not, consider design rights or “passing off”. Trademark claims focus on brand names or distinctive identity.
Is legal advice necessary to file for copyright or a trademark?
Expert legal advice is not strictly required, but having our experienced solicitors guide you ensures you select effective protection, avoid costly mistakes, and maximise your IP’s value.
Get Expert Support for Trademark and Copyright Protection Today
Understanding the crucial differences between copyright and trademark law is fundamental to protecting your business identity and creative assets in England & Wales. Copyright gives instant legal protection for creative works, while trademark registration secures distinguishing features like your business name or logo—each with its own procedures, benefits, and deadlines. Missing an opportunity for protection or enforcement can put your brand, revenue, and growth at risk.
Our experienced lawyers provide strategic, fixed-fee advice and robust support in all aspects of intellectual property: registration, enforcement, and dispute resolution. Whether you face infringement, wish to register a new trademark, or need an IP health check, our team delivers practical solutions and responsive service at every stage.
Call our expert team on 0207 459 4037 or use our online form to arrange your Free Consultation today.
