Trademark vs. Copyright: What's the Difference and Which Do You Need?

Trademark protects your brand identity. Copyright protects your creative work. Most entrepreneurs confuse them — here is exactly how to tell them apart.
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The Core Difference

Trademark protects your brand identity in the marketplace — names, logos, slogans.
Copyright protects creative works — writing, music, art, code — automatically at creation.

Side-by-Side Comparison

FeatureTrademarkCopyright
ProtectsBrand names, logos, slogansBooks, music, art, photos, code
Rights beginOn first use in commerceAutomatically at creation
Register atUSPTO — teas.uspto.govCopyright Office — copyright.gov
Filing fee$250–$350 per class$45–$65 per work
DurationIndefinite (renew every 10 yrs)Life + 70 years

What a Trademark Protects

Trademarks protect the identifiers customers use to recognize your brand: business names, logos, slogans, and trade dress. Protection is industry-specific — the same word can be trademarked by different companies in different industries.

What Copyright Protects

Copyright protects original creative works: books, songs, photographs, software, videos. It does NOT protect ideas, facts, titles, names, or short phrases — those require trademarks.

Common mistake: You cannot copyright a business name or logo. Business names require trademarks. Copyright only applies to logos with substantial creative artwork.

Do You Need Both?

SituationWhat You Need
Protecting your business nameTrademark
Protecting your logoTrademark (+ Copyright if highly artistic)
Protecting a book or songCopyright
Protecting softwareCopyright (code) + Trademark (product name)
Protecting a podcast nameTrademark (name) + Copyright (episodes)

File your trademark AND copyright in one free session.

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Not a law firm. Always consult an attorney for legal advice.

TEAS vs TEAS Plus How to Trademark a Logo