Trademark vs. Copyright: What’s the Difference and Which One Protects Your Work?
When you create something original, whether it’s a logo, a slogan, a song, or a business name, you’ve created intellectual property (IP). But protecting that creation isn’t as simple as saying “it’s mine.” Two of the most common forms of IP protection are trademarks and copyrights, and while they’re often confused, they serve very different purposes.
This article explains the difference between trademarks and copyrights, how each one works, what they protect, and how to decide which you need for your business or creative project.
What Is a Trademark?
A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods or services. It tells consumers where a product or service comes from — think of the Nike “swoosh” or the word “Coca-Cola.”
Examples of Trademarks:
Brand names: Apple®, Amazon®, Coca-Cola®
Logos: The Starbucks siren, McDonald’s golden arches
Slogans: “Just Do It,” “I’m Lovin’ It”
What Trademarks Protect
Trademarks protect brand identity. They protect the way your business is recognized in the marketplace. What they don't protect is the product itself (its composition or other utility aspects of the product - this where patents come into play), but rather the way consumers identify your product or service.
Why Register a Trademark with the USPTO
Registering your trademark with the United States Patent and Trademark Office (USPTO) gives you nationwide protection for your brand, which helps prevent others from using a confusingly similar mark, and strengthens your ability to enforce your rights.
It’s also an essential step in building brand equity. Your trademark can become one of your business’s most valuable assets.
What Is a Copyright?
A copyright protects original works of authorship that are fixed in a tangible medium of expression. This means that something you can see, hear, or touch. This includes artistic, literary, musical, and certain digital works.
Examples of Copyrighted Works:
Books, poems, and screenplays
Music, lyrics, and recordings
Paintings, photographs, and sculptures
Software code and website content
Marketing materials and blog posts (including this one!)
What Copyrights Protect
Copyright law protects the expression of an idea — not the idea itself. For example, if you write a song, copyright protects the melody and lyrics you wrote, but not the general concept of love or heartbreak.
How Long Copyright Protection Lasts
Copyright protection for any given work automatically applies to that work as soon as it's created and fixed in a tangible medium of expression. In most cases, when a work is created by an individual, the copyright protection for the work lasts for the life of the author plus 70 years. All of this is without registering your work with the U.S. Copyright Office.
However, registering your work with the U.S. Copyright Office provides copyright holders with significant legal advantages, including the ability to sue for infringement and claim statutory damages.
Trademark vs. Copyright: Key Differences
While both trademarks and copyrights fall under the category of intellectual property, their purposes, protections, and governing laws differ significantly. Trademarks are designed to protect the symbols and words that represent a business’s identity. Copyrights, on the other hand, protect creative expression.
Trademarks must be used in commerce to remain valid and can last indefinitely if properly maintained through continued use and renewal. Copyrights do not require commercial use and exist automatically once the work is created, but they eventually expire after a set period. Trademarks are registered with the USPTO, while copyrights are registered with the U.S. Copyright Office.
Understanding these distinctions helps creators and business owners choose the right form of protection for their creativity and their business. A company might register a trademark to protect its name and logo, while also registering copyrights for marketing materials, website content, and other creative assets. Both forms of protection can coexist and complement one another.
Can Something Be Both Trademarked and Copyrighted?
Yes, in some cases, a single creation can qualify for both protections.
For example:
A logo can be copyrighted (for its artistic design) and trademarked (for identifying a business).
A product label can be copyrighted for its design and trademarked for the brand name.
Having both protections ensures that no one can copy your design or use it in a way that confuses consumers about the source of your goods or services.
When to File for a Trademark vs. Copyright
Choose a Trademark When:
You’ve created a brand name, logo, or slogan that identifies your business.
You want to prevent competitors from using confusingly similar names or designs.
You plan to expand your brand nationally or internationally.
Choose a Copyright When:
You’ve created a creative work such as writing, music, art, photography, or software.
You want to prevent others from reproducing or distributing your content without permission.
You plan to license or sell your creative work.
In many cases, businesses and creators benefit from having both protections in place — one for their brand identity, another for their creative content.
Understanding Consumer Confusion and Brand Protection
A core concept in trademark law is likelihood of confusion. This occurs when consumers might mistakenly believe that two products or services come from the same source because their marks are so similar.
Even if your logo or business name is slightly different from another, the USPTO can refuse your application if it’s likely to confuse consumers.
That’s why conducting a comprehensive trademark search before filing is essential. It helps ensure your mark is unique and lowers the risk of costly rebranding later.
How to Protect Your Brand and Creative Work
Identify what you’ve created: Is it a creative work, a brand name, or both?
Search existing registrations: Use the USPTO’s and U.S. Copyright Office’s databases to check availability.
File your applications: Trademark applications go through the USPTO; Copyright applications go through the U.S. Copyright Office.
Monitor and enforce your rights: Keep an eye out for infringing use and take action if someone copies your work or brand.
Why Understanding the Difference Matters
Knowing whether you need a trademark, a copyright, or both can save you from legal headaches down the road.
Trademarks protect your brand identity — how customers recognize and trust your business.
Copyrights protect your creative work — your original expressions and artistic output.
Both are critical tools for protecting your hard work, creativity, and building long-term value for your business.
If you’re not sure which type of protection you need, or if you want help registering your trademark with the USPTO, Kinhal Law PLLC can guide you through the process from start to finish. Book a free consult today to learn more.
