Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

A: Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be confusing. For example, "United" is used by one company (United Van Lines) for truck transportation of goods, and another (United Supermarkets) is for retail grocery stores.

I highly recommend reaching out to a trademark/copyright attorney to determine what your registered mark covers and whether you need to take action to protect its registration.

A: Copyright and trademark laws protect different aspects of intellectual property. Your copyright covers the creative elements, such as the illustration and the expression of the made-up word. It safeguards your original work from being copied or reproduced without permission.

On the other hand, a trademark protects a word, symbol, or logo that identifies a product or service in commerce. If someone has trademarked a similar word, they have the right to prevent others from using it in a way that could cause confusion in the marketplace.

While your copyright provides protection for the creative work itself, it doesn’t automatically give you the right to use the word in commerce if it conflicts with an existing trademark. You may want to consider how the trademark affects your intended use of the word, especially in commercial settings.