Most new business owners use "trademark" and "copyright" interchangeably, but they protect completely different things. Use the wrong one and your brand could be left unprotected. This guide breaks down the difference in plain English, with real examples, so you know exactly what to apply for.
QUICK ANSWER
Trademark protects your brand identity, your business name, logo, slogan. Copyright protects your creative work — your website content, photos, videos, written material. Most small business owners need a trademark. If you create original content, you also have automatic copyright — but registering it gives you stronger legal protection.
IN THIS GUIDE
- What is a trademark?
- What is a copyright?
- Trademark vs copyright — side-by-side comparison
- Real-world scenarios — which do you need?
- Can you have both?
- How to register a trademark or copyright
- Frequently asked questions
What Is a Trademark?
Protects your brand identity in the marketplace
A trademark is a word, phrase, symbol, logo, or combination that identifies your business and distinguishes your products or services from competitors. When customers see your business name or logo, trademark law is what stops a competitor from using something confusingly similar.
What a trademark protects:
- Business name (e.g. "Brendat")
- Logo or symbol
- Slogan or tagline (e.g. "Just Do It")
- Product name
- Brand colors or packaging in some cases
What a trademark does NOT protect:
- Ideas or concepts
- Generic or purely descriptive words (e.g. "Best Coffee" is not trademarkable)
- Your actual products or services themselves
- Your written content or creative work
How Does a Trademark Work?
You actually gain some trademark rights the moment you start using a name or logo in commerce, this is called a "common law trademark." You can use the ™ symbol without registering. But common law protection is limited to the geographic area where you operate.
Federal trademark registration with the USPTO gives you nationwide protection, the right to use the ® symbol, and much stronger legal footing if someone infringes on your brand. Without registration, proving your rights in court becomes far harder and more expensive.
BRENDAT TIP
Before registering a trademark, always run a comprehensive trademark search first. Filing for a name that's already registered is a waste of time and money, and the USPTO won't refund your fee even if your application is rejected.
What Is a Copyright?
Protects your original creative work automatically
Copyright protects original creative works, the things you create and express. Unlike trademarks, copyright protection is automatic the moment you create an original work and fix it in a tangible form (writing it down, recording it, publishing it). You don't have to apply for anything to have basic copyright protection.
What copyright protects:
- Written content: blog posts, articles, books, website copy
- Photos and images you create
- Videos and films
- Music, songs, audio recordings
- Software code
- Graphic designs and artwork
- Architectural drawings
What copyright does NOT protect:
- Ideas, facts, or concepts (only the specific expression of them)
- Business names or logos (that's trademark territory)
- Titles, slogans, or short phrases
- Government documents and works in the public domain
Do You Need to Register a Copyright?
No, but it helps. Copyright exists automatically when you create original work. However, registering your copyright with the U.S. Copyright Office gives you the ability to sue for statutory damages (up to $150,000 per infringement) and makes it far easier to prove ownership in court. If you're creating content that has real commercial value, copyright registration is worth considering.
HOW LONG DOES COPYRIGHT LAST?
For works created after 1978, copyright lasts for the life of the creator plus 70 years. For works made for hire or anonymous works, it's 95 years from publication or 120 years from creation, whichever comes first.
Protect Your Brand with Brendat
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Real-World Scenarios: Which Do You Need?
Here's how to apply this to your actual business situation:
You just launched an LLC and want to protect your business name
Your business name is a brand identifier, trademark law covers this. Copyright does not protect names. Apply for a federal trademark with the USPTO to protect your name nationwide. First, run a trademark search to make sure it's available.
You wrote 50 blog posts for your business website
You already have copyright protection automatically, you created original written work. If someone copies your content, you can send a DMCA takedown. For stronger legal protection, register your copyright with the U.S. Copyright Office.
You designed a logo for your brand Both
Your logo is protected by copyright the moment you create it (it's original artwork). But if you want to stop competitors from using a similar logo as their brand identifier, you need a trademark registration. Many businesses register both, copyright for the artistic work, trademark for the brand use.
You wrote a slogan like "Built Different. Built Better."
Short phrases and slogans are not protected by copyright, copyright doesn't cover short phrases. But you can potentially trademark a slogan if it's distinctive and used in commerce to identify your brand. Note: purely descriptive slogans are harder to trademark.
You shot product photos for your e-commerce store
Photographs are automatically protected by copyright the moment they're taken. If someone steals your product photos, that's copyright infringement. No registration needed to have the right, but registration makes enforcement much easier.
You built a mobile app and want to protect it Both
The code is protected by copyright (original creative work). The app name and logo need trademark protection. If your app has a truly novel technical feature, that might warrant a patent, covered in our separate guide on patents.
Can You Have Both a Trademark and a Copyright?
Absolutely, and many businesses have both without realizing it. A logo is a great example: the artwork itself is protected by copyright, and the logo used as a brand identifier is protected by trademark. These are separate rights that can overlap on the same asset.
The key distinction is always about what you're trying to protect:
- Protecting your brand in the marketplace → Trademark
- Protecting your creative output from being copied → Copyright
How to Register a Trademark or Copyright
Registering a Trademark (USPTO)
- Run a trademark search: check that your name or logo isn't already registered. Brendat's comprehensive trademark search covers federal, state, and common law marks.
- File with the USPTO: submit your application through the USPTO's Trademark Center. Filing fee is $350 per class of goods/services (as of January 2025).
- Wait for review: the USPTO review process takes 12–18 months on average. They may request additional information or raise objections.
- Maintain your trademark: after registration, renew every 10 years and keep using the mark in commerce. Brendat's trademark monitoring service watches for potential infringement so you don't have to.
Registering a Copyright (U.S. Copyright Office)
- Go to copyright.gov: the U.S. Copyright Office handles all registrations online.
- Submit your application: include a copy of the work, basic information about the creator, and pay the filing fee ($45–$65 depending on the type of work).
- Receive your certificate: registration is effective from the date you submit, even if the certificate arrives later. Processing currently takes several months.
IMPORTANT
Brendat is not a law firm. We assist with trademark search and filing processes, but for complex trademark disputes, licensing arrangements, or legal advice on infringement, consult a qualified IP professional.
Frequently Asked Questions
What is the main difference between trademark and copyright?
A trademark protects brand identifiers, your business name, logo, or slogan, used to distinguish your products or services in the marketplace. A copyright protects original creative works, written content, artwork, music, software, and photos. Trademarks require active use in commerce; copyrights exist automatically when you create original work.
Do I need a trademark or copyright for my business name?
You need a trademark. Copyright does not protect business names, titles, or short phrases. To protect your business name from being used by competitors in your industry, register it as a federal trademark with the USPTO. Before filing, run a comprehensive trademark search to confirm your name is available.
Is my logo protected by trademark or copyright?
Both, potentially. As original artwork, your logo has automatic copyright protection. But to prevent competitors from using a similar logo as their brand identifier, you need a trademark registration. Many businesses register both to get full protection.
How much does it cost to register a trademark?
The USPTO filing fee is $350 per class of goods or services as of January 2025. If your trademark covers multiple classes, for example, both clothing and online services — you pay $350 per class. Additional fees may apply for extensions or responses to USPTO office actions.
Does forming an LLC protect my business name?
Not really. Forming an LLC in a state prevents another LLC from registering the same name in that state, but it provides no protection in other states, and it doesn't stop someone from using a similar name for a different type of business. Federal trademark registration is the only way to protect your brand name nationwide across industries.
Can someone steal my logo if it's copyrighted?
Technically they can try, but it's infringement. Unregistered copyright gives you basic protection, but registered copyright makes enforcement much easier, you can sue for statutory damages up to $150,000 per willful infringement without having to prove actual financial loss.
Ready to Protect Your Brand?
Start with a comprehensive trademark search to see if your name is available — then Brendat handles the USPTO filing process for you.
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Further Reading
- How to Protect Your Business Idea: Patents, Trademarks & Copyrights Explained
- What Legal Documents Does Every LLC Need?
- Form Your LLC with Brendat — Starting at $0
- How to Start a Nonprofit Organization: A Step-by-Step Guide
About the Author
Brendat Editorial publishes practical guidance for founders navigating business formation, compliance, and growth in the U.S.