Trademark vs Copyright
Last updated July 2026
Trademark
Protection for brand names, logos, and slogans
Advantages
- Protects brand identifiers indefinitely if renewed and used
- Federal registration gives nationwide exclusive rights
- Grants the ® symbol and blocks competitors from confusingly similar marks
- Enforceable against copycats and counterfeiters
- Adds significant value in acquisitions and licensing
Drawbacks
- USPTO filing costs $250-$350 per class of goods per mark
- Filing takes 8-14 months to registration
- Must be actively used in commerce to keep protection
Copyright
Protection for original creative works
Advantages
- Automatic protection the moment a work is created
- Registration is optional but adds statutory damages and legal presumptions
- Registration cheap at $45-$65 per work
- Protection lasts author's life plus 70 years
- Covers text, art, music, code, and other creative works
Drawbacks
- Cannot protect ideas, systems, or brand identifiers
- Registration required before filing a lawsuit
- Does not stop independent creation of similar works
Trademark and copyright are the two most common forms of IP protection, and business owners routinely confuse which one covers what. Trademarks protect brand identifiers like names, logos, and slogans. Copyrights protect creative works like text, art, music, and code. What you're protecting decides which applies.
Feature Comparison
| Feature | Trademark | Copyright |
|---|---|---|
| What It Protects | Brand names, logos, slogans, product designs | Original creative works, text, art, music, code |
| How Obtained | USPTO federal registration or common law | Automatic on creation; optional registration |
| Federal Filing Cost | $250-$350 per class per mark | $45-$65 per work for federal registration |
| Duration | Indefinite with 10-year renewals and continued use | Author's life + 70 years (or 95 years for works for hire) |
| Symbol Rights | ® once federally registered; TM before | © optional at any time |
| International Scope | Requires separate filings in each country | Automatic in Berne Convention countries |
| Typical Cost | $250-$750 per mark including one class | $45-$65 per work if registered |
| Enforcement | Cease and desist, USPTO opposition, federal lawsuit | Registration required before lawsuit; DMCA takedowns |
Too Close to Call
Not really a versus, most brands need both. Trademark for the name and logo; copyright for original content and code.
The right question isn't which one to pick, it's what you're actually protecting. Your brand name, logo, and slogan want trademark protection. The words, images, and code you produce want copyright. Most businesses have both types of IP and should register both. The one you don't need is the one covering something you're not actually creating.
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