Trademark protects brand identifiers such as names and logos. Copyright protects original creative works such as writing, photos, video, and software. They are two different types of intellectual property protection that serve different purposes. Most business owners confuse the two and end up protecting the wrong thing: or nothing at all.
QUICK ANSWER
Trademark protects your brand identity in the marketplace: your business name, logo, and slogan. Copyright protects your original creative works: writing, artwork, music, software, and photos. If your main goal is protecting a business name, logo, or brand identifier, trademark protection is the relevant form. If you create original content or art, copyright protection applies. Some assets, like a logo, can have both.
IN THIS GUIDE
- Trademark vs. copyright: key differences
- What is a trademark?
- What is a copyright?
- Trademark vs. copyright vs. registration
- Side-by-side comparison
- Real-world scenarios: which do you need?
- How to register a trademark or copyright
- Frequently asked questions
Trademark vs. Copyright: Key Differences
Before going deeper, here is the essential distinction that answers most questions on this topic.
A trademark protects things used to identify your business or products in the marketplace: your business name, your logo, your slogan. The purpose of a trademark is to distinguish your brand from competitors so customers can identify your products and services.
A copyright protects original creative works that you author or create: articles, books, photographs, music, video, software code, and graphic design. Copyright exists to protect the creative expression itself, not the brand identity around it.
The key question to ask is: am I trying to protect my brand, or am I trying to protect something I created?
What Is a Trademark?
Protects brand identifiers used in commerce
A trademark is a word, phrase, symbol, logo, or combination that identifies the source of goods or services and distinguishes them from competitors. When customers see your business name or logo, trademark law is what prevents a competitor from using something confusingly similar to deceive customers.
What a trademark protects:
- Business or product names
- Logos and symbols
- Slogans and taglines
- Brand colors or packaging in some cases
What a trademark does not protect:
- Generic or purely descriptive words
- Ideas or concepts
- Your creative works (writing, art, software)
You 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 registration with the USPTO provides nationwide protection and the right to use the ® symbol.
What Is a Copyright?
Protects original creative works automatically
Copyright protects original creative works you author or create. Unlike trademarks, copyright protection is automatic: the moment you create original work and fix it in a tangible form: write it down, record it, publish it: you have copyright protection. No registration required for the basic right to exist.
What copyright protects:
- Written content: articles, books, website copy
- Photos and original images
- Videos and audio recordings
- Software and app code
- Graphic designs and original artwork
- Music and song compositions
What copyright does not protect:
- Ideas, facts, or concepts (only the specific expression of them)
- Business names or logos used as brand identifiers (that is trademark)
- Short phrases or titles
While copyright exists automatically, registering your copyright with the U.S. Copyright Office provides important additional benefits: it creates a public record, allows you to sue for statutory damages (which can be significant even without proving actual financial loss), and makes enforcement far easier in court.
Trademark vs. Copyright vs. Registration
One of the most common points of confusion is the difference between the type of intellectual property and the act of registering it. These are separate concepts.
- The type of IP (trademark or copyright) describes what you are protecting: a brand identifier or a creative work.
- Registration is the optional (or in some cases important) step of filing with a government agency to get a stronger, more enforceable form of protection.
Copyright exists without registration: you have it the moment you create original work. Trademark rights also begin without registration if you use the mark in commerce (common law trademark). But federal registration for both is what gives you the strongest legal tools: nationwide protection for trademarks, and access to statutory damages for copyrights.
The ™ symbol means you are claiming trademark rights (registered or not). The ® symbol means the trademark is federally registered. The © symbol means copyright, which you can use without registering.
Side-by-Side Comparison
|
Factor |
Trademark |
Copyright |
|---|---|---|
|
Protects |
Brand identifiers: name, logo, slogan |
Creative works: writing, art, music, software |
|
When protection begins |
When first used in commerce (common law) or at federal registration |
Automatically at creation, when fixed in tangible form |
|
Registration required? |
No, but federal registration gives nationwide protection |
No, but registration enables statutory damages and public record |
|
Registration authority |
USPTO (U.S. Patent and Trademark Office) |
U.S. Copyright Office |
|
Geographic scope (registered) |
Nationwide (U.S.) |
Nationwide (U.S.) |
|
Duration |
Indefinitely, if renewed every 10 years and still in use |
Life of creator plus 70 years (post-1978 works) |
|
Symbol |
™ (unregistered) or ® (registered) |
© (automatic, no registration required) |
|
Typical filing fee |
$350 per class (USPTO, verify current fee at USPTO.gov) |
$45 to $65 (verify current fee at copyright.gov) |
Verify fees before filing
USPTO trademark filing fees and Copyright Office registration fees can change. The figures above reflect known 2025 rates. Before filing, confirm the current fee directly at USPTO.gov (for trademarks) and copyright.gov (for copyrights). Fees shown here are approximate and may not reflect the most current rates.
Real-World Scenarios: Which Do You Need?
You want to protect your business name - Trademark
Business names are brand identifiers. Copyright does not protect names, titles, or short phrases. To stop competitors from using a confusingly similar name in your industry, you need a federal trademark. Run a trademark search first to confirm availability.
You wrote 50 blog posts for your website - Copyright
You already have copyright automatically: you created original written work. Registration is optional but recommended if the content has significant commercial value and you would want to sue if someone copies it.
You designed a logo for your brand - Both
As original artwork, your logo has automatic copyright (creative work). But to prevent competitors from using a similar logo as their brand identifier, you need trademark registration. Many businesses register both.
You created a slogan for your brand - Trademark
Short phrases and slogans are not protectable by copyright. But a distinctive slogan used consistently to identify your brand can potentially be trademarked. Note: purely descriptive slogans are harder to register.
You shot product photos for your store - Copyright
Your original photographs are automatically protected by copyright the moment they are taken. If someone steals your product photos, that is copyright infringement. Registration makes enforcement significantly 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 there is a truly novel technical feature, a patent may also apply.
How to Register a Trademark or Copyright
Registering a Trademark
- Run a comprehensive trademark search. Before filing, check that your name or logo is not already registered in your industry. Brendat's trademark search service covers federal, state, and common law marks. Filing for a name that is already registered results in rejection: and the USPTO does not refund the filing fee.
- File with the USPTO. Submit your application through the USPTO's online Trademark Center. Pay the current per-class filing fee (verify at USPTO.gov before filing).
- Wait for review. The USPTO review process currently takes 12 to 18 months on average. They may request additional information or issue office actions requiring a response.
- Maintain your trademark. After registration, file maintenance documents at the 3-year mark and then every 10 years. Keep using the mark in commerce: abandonment can result in loss of rights. Brendat's trademark monitoring service watches for potential infringement so you do not have to.
Registering a Copyright
- Go to copyright.gov. The U.S. Copyright Office handles all registrations online.
- Submit your application. Include a copy of the work, basic creator information, and pay the current filing fee (verify at copyright.gov: fees vary by work type).
- Receive your certificate. Registration is effective from the date you submit. The certificate typically arrives by mail within several months. Registration is retroactive to the submission date, which is what matters for enforcement.
Brendat Tip
For most small businesses, the first IP priority is a trademark for your business name or logo. Start with a comprehensive search, then file. Copyright on your creative work is automatic: register it only if the content has significant commercial value and you anticipate needing to enforce it.
If you are choosing a business name before protecting your brand, start by checking LLC name availability with our LLC Name Availability Checker.
Frequently Asked Questions
What is the main difference between a trademark and a copyright?
A trademark protects brand identifiers: your business name, logo, or slogan: used to distinguish your products and services in the marketplace. A copyright protects original creative works: writing, artwork, music, software, and photos. Trademarks require 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 law does not protect business names, titles, or short phrases. To prevent competitors from using a confusingly similar name in your industry, register a federal trademark with the USPTO. Before filing, run a comprehensive trademark search to confirm the name is available.
Is my logo protected by trademark or copyright?
Both, potentially. As original artwork, your logo has automatic copyright protection the moment you create it. To prevent competitors from using a similar logo as their brand identifier, you need trademark registration. Many businesses register both for complete protection.
What does registered vs copyright vs trademark mean?
"Registered" is not a type of intellectual property on its own: it refers to the act of filing with a government agency to get stronger, enforceable protection. Trademark and copyright are the two types of IP protection. A trademark can be registered (with the USPTO) or unregistered. A copyright can be registered (with the Copyright Office) or unregistered. Registration strengthens both types of protection but is not required for basic rights to exist.
Does forming an LLC protect my business name?
Not fully. Forming an LLC in a state prevents another LLC from registering the same name in that state. It provides no protection in other states and does not stop someone from using a similar name as a brand identifier. Federal trademark registration is the only way to protect your business name nationwide across industries.
How much does it cost to register a trademark?
USPTO trademark filing fees vary by application type and are subject to change. Before filing, verify the current fee at USPTO.gov. Applications cover one class of goods or services per filing fee: if your trademark covers multiple classes, a fee applies per class. Additional fees may apply for office action responses or extensions.
Further Reading
About the Author
Brendat Editorial publishes practical guidance for founders navigating business formation, compliance, and growth in the U.S.