In a nutshell, both copyright and trademark are governed by the Intellectual Property Code of the Philippines. Amidst this similarity, copyright and trademark cater to different fields. 
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A copyright protects literary and artistic works such as books, musical compositions, works of art, illustrations, sketches, and other works in the literary and artistic domain. The protection is automatically vested in the works upon their creation. Hence, while registration may not be a requirement, it can help in strengthening one’s rights over his/her work. As a copyright owner, you have the exclusive economic right to reproduce, distribute, perform, and display the work and the moral right to require attribution of authorship, make any alterations, object to any distortion to the work, and restrain the use of one’s name. As the existence of copyright is bound by its creation, copyright lasts within the lifetime of the owner plus seventy (70) years from his/her death.

On the other hand, a trademark grants protection over marks distinguishing the goods or services of a business. Contrary to copyright, rights over a mark shall be acquired only through registration and shall last for ten (10) years from the date of registration and renewable for a period of ten (10) years at a time, unless abandoned. A trademark owner can prevent other business owners from using similar marks, which can cause confusion among consumers. 

A company logo should be registered as a trademark rather than a copyright because copyright only pertains to literary and artistic works. Trademark registration not only gives the business owner the exclusive right to use the business logo on one’s products or services but it also helps in building the brand’s identity as it also aids consumers in identifying one’s goods and services, thereby establishing a strong market presence. 

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on copyright and trademark registration for your company in Cebu and/or Cebu City, consult with a legal professional or business advisor.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu, Philippines, that offers services related to copyright and trademark registration. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.