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.
Not sure which you need?
Tia analyzes your business and recommends the right protection. Free.
Ask Tia Free
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.
Copyright protects creative works — writing, music, art, code — automatically at creation.
Side-by-Side Comparison
| Feature | Trademark | Copyright |
|---|---|---|
| Protects | Brand names, logos, slogans | Books, music, art, photos, code |
| Rights begin | On first use in commerce | Automatically at creation |
| Register at | USPTO — teas.uspto.gov | Copyright Office — copyright.gov |
| Filing fee | $250–$350 per class | $45–$65 per work |
| Duration | Indefinite (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?
| Situation | What You Need |
|---|---|
| Protecting your business name | Trademark |
| Protecting your logo | Trademark (+ Copyright if highly artistic) |
| Protecting a book or song | Copyright |
| Protecting software | Copyright (code) + Trademark (product name) |
| Protecting a podcast name | Trademark (name) + Copyright (episodes) |
File your trademark AND copyright in one free session.
Tia handles both — clearance search, class selection, and filing package. No attorney needed.
Start Filing with Tia - FreeNot a law firm. Always consult an attorney for legal advice.