Your “Radiant Summer” campaign is a hit — a rival copies the name outright for theirs. You fume: “That was my idea!” But IP law holds a harsh truth: short names (campaign names, event names, slogans) get no copyright — they are not “works”. So what protects them? The answer: trademarks for names, copyright for the creative works — two tools for two different objects.
Why campaign names get no copyright
Under Art. 14 of the IP Law, copyright protects works of literature, art, and science — requiring creativity in concrete expression. Short names (a few words), slogans, and event titles do not reach the “work” threshold — they are ideas/concepts, and ideas are unprotectable (only expressions of ideas are). So however much your campaign cost, the campaign name itself has no copyright — a rival using a similar name cannot be sued via copyright.
Protecting names via trademark: when worthwhile
Campaign/event names can register as trademarks if eligible (distinctive, not confusingly similar). Worth registering when: the campaign is recurring (annual shopping festivals, yearly launch events) — the name becomes a long-term brand asset; the campaign name ties to a product line (yearly limited editions); big marketing budgets with “clinging” risk. Not worth it when: one-off, short campaigns — trademark prosecution (months) outlasts the campaign itself; costs do not justify. Filing classes: event names typically go in Class 41 (event organization, entertainment) + Class 35 (advertising).
What copyright does protect in a campaign
Copyright does not protect the name, but protects the campaign’s works: posters, key visuals (artistic works); ad videos/TVCs (cinematographic works); campaign logos (applied-art works — simultaneously trademark-registrable); event scripts, theme songs (literary, musical works). A rival copying your actual poster/video is copyright-sueable; a rival merely “inspired” to remake in a similar style is hard to sue (ideas unprotected). The full strategy: trademark the name (if long-term) + copyright-register key works + tight agency contracts (who owns the creative’s IP?).
Frequently asked questions
1. Can slogans register as trademarks?
Yes, if distinctive (not generic descriptive phrases like “Vietnam’s Tastiest”). Unique, brand-linked slogans deserve registration.
2. One-off event name — register?
Usually unnecessary — costs and time do not justify. Focus on copyrighting the works and confidentiality contracts with organizers.
3. A rival uses my campaign name — sue with what?
If you registered the name as a trademark: trademark infringement suit. If unregistered: very hard — only unfair-competition tools (if eligible) or negotiation remain.
4. The agency created the campaign — who owns it?
Depends on the contract: absent stipulation, copyright belongs to the author (agency/creator). Always stipulate assignment to the business in creative contracts.
5. Where to register copyright — mandatory?
Copyright arises automatically upon creation — registration optional. But registration at the Copyright Office builds strong dispute evidence. Register key works of major campaigns.
This article has been quality-reviewed by the FLAW AI Legal Council
