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Learn›Trademark vs. Copyright
Basics

Trademark vs. Copyright: What's the Difference?

These are the two most commonly confused types of intellectual property. Both protect creative assets, but they cover completely different things — and registering the wrong one won't help you.

One-Line Answer
Trademark
Protects your brand — the name, logo, or slogan that tells consumers the product came from you.
Copyright
Protects your creative work — the book, song, artwork, photo, or code you created.

Side-by-side comparison

FeatureTrademarkCopyright
What it protectsBrand identifiers: names, logos, slogansOriginal creative works: writing, art, music, code, film
Protection beginsWhen you start using the mark in commerce (common law); full rights after USPTO registrationAutomatically at the moment of creation — no registration required
RegistrationMust be registered with the USPTO for federal protectionOptional — but registration required to sue for statutory damages
DurationIndefinite, as long as mark is in use and maintainedLife of the author + 70 years (or 95 years for corporate works)
What it preventsOthers using a confusingly similar mark for related goods/servicesCopying, distributing, or adapting the protected work without permission
Government officeUSPTO (U.S. Patent and Trademark Office)U.S. Copyright Office
Registration cost$250–$350 per class (TEAS Plus), plus any service fees$45–$65 for most single works (online registration)
Symbol™ (unregistered) or ® (registered)© (no registration required to use)

What trademarks protect in detail

Trademarks protect anything that functions as a source identifier in commerce:

  • Brand names — APPLE, NIKE, GOOGLE, your company name
  • Logos — the Nike swoosh, Apple's apple, your company logo
  • Slogans — "Just Do It," "Think Different," your tagline
  • Trade dress — the shape of a Coke bottle, Louboutin's red sole
  • Sounds — Intel's chime, the NBC tone

The critical element: the mark must be used in commerce to sell goods or services. A trademark you never use can be cancelled for abandonment.

What copyright protects in detail

Copyright protects original works of authorship fixed in a tangible medium. That includes:

  • Books, articles, and written content
  • Music compositions and lyrics
  • Artwork, illustrations, and photographs
  • Software code
  • Films and videos
  • Website designs and content

Copyright does not protect names, titles, slogans, short phrases, ideas, facts, or methods. If you want to protect a name or slogan, you need a trademark.

When you need both

Many businesses benefit from both types of protection — they cover different risks:

Your logo
The artistic design of your logo is automatically protected by copyright at creation. But only trademark registration protects it as a brand identifier — stopping competitors from using a confusingly similar logo in the same market.
Your brand name + website content
Trademark protects your brand name. Copyright protects the articles, copy, and creative content on your website. You need both to cover your full exposure.
A book or music brand
A musician might copyright their albums (the recordings) and trademark their band name and logo. A book series author might copyright each book and trademark the series title.

Common questions

Can I copyright my business name?
No. Names and short phrases are not copyrightable. To protect a business name, register it as a trademark with the USPTO. (Note: registering a business name with your state gives you a legal business entity, not trademark rights.)
Should I trademark or copyright my logo?
Both, ideally. Copyright protects the artistic design automatically. Trademark registration protects it as a brand identifier and gives you the legal tools to stop competitors from copying your brand look.
My competitor is copying my website content — trademark or copyright issue?
Copyright issue. Website text, images, and design elements are protected by copyright. If they're using your brand name or logo to confuse customers, that's trademark infringement.
Is a patent the same as a trademark?
No. Patents protect inventions and novel processes. Trademarks protect brand identifiers. You would file a patent to protect a new product you invented, and a trademark to protect the brand name under which you sell it.

Related guides

What Is a Trademark?
Types of trademarks, what they protect, and how long they last
›
How to Register a Trademark
The full USPTO registration process, from filing to certificate
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How Much Does a Trademark Cost?
USPTO fees, attorney costs, and what to budget
›

Ready to protect your brand name?

Start with a free trademark search to see if your name or logo is already taken — before you spend money on a registration.

Free trademark search →How to register a trademark