Trademark vs. Copyright: What Each Protects and How to Get It
Trademark protects brand identifiers - names, logos, slogans; copyright protects original creative works. Choose a trademark for a brand, copyright for content. A trademark tells customers who makes a product; a copyright protects the words, images, music, or code you create. They come from different agencies, cost different amounts, and can both cover the same product at the same time.
Quick Answer
- Trademark protects
- Brand identifiers: names, logos, slogans that distinguish goods/services
- Copyright protects
- Original works of authorship fixed in a tangible medium: writing, art, music, code
- Choose a trademark if
- You need to protect a brand name, logo, or slogan customers use to find you
- Choose a copyright if
- You need to protect creative content you authored
- Agency
- Trademark: USPTO · Copyright: U.S. Copyright Office (Library of Congress)
- Cost
- Trademark: $350 per class · Copyright: $45–$65 to register (free on creation)
- Duration
- Trademark: indefinite with 10-year renewals · Copyright: life + 70 years
Trademark vs. Copyright: Side-by-Side
Trademark and copyright are two separate branches of intellectual property administered by different federal agencies. A trademark protects the identity of a brand; a copyright protects an original creative work. The table below compares the two on the points that decide which you need.
| Feature | Trademark | Copyright |
|---|---|---|
| What it protects | Brand identifiers - names, logos, slogans that identify the source of goods/services | Original works of authorship - writing, art, music, film, software |
| Governing law | Lanham Act, 15 U.S.C. § 1127 | Copyright Act, 17 U.S.C. § 102 |
| Agency | U.S. Patent and Trademark Office (USPTO) | U.S. Copyright Office (Library of Congress) |
| How rights begin | Use in commerce; federal rights strengthened by registration | Automatically, the moment the work is fixed in a tangible form |
| Registration | Via USPTO Trademark Center (formerly TEAS) | Optional, via copyright.gov; required before suing |
| Cost | $350 per class of goods/services | $45–$65 electronic filing |
| Duration | Indefinite, with maintenance filings every 10 years | Life of author + 70 years (95/120 for works for hire) |
| Symbol | ™ (unregistered) or ® (registered) | © (optional notice) |
The one-line rule of thumb: if you are protecting how customers identify your business, you want a trademark; if you are protecting something you created, you want a copyright. For the third branch - inventions - see patent vs. trademark.
What a Trademark Protects
A trademark protects the identifiers a business uses to distinguish its goods or services from everyone else's. The USPTO defines a trademark as "any word, phrase, symbol, design, or a combination of these things that identifies your goods or services." Its job is to identify the source of a product so customers can tell one brand from another and are not misled about who made what.
By statute, a trademark under 15 U.S.C. § 1127 is "any word, name, symbol, or device, or any combination thereof" used to identify and distinguish goods and to indicate their source. In practice, that covers:
- Brand names - the name of a company or product (see how to trademark a business name);
- Logos - a distinctive design or symbol;
- Slogans and taglines - a short phrase tied to the brand;
- Product and service names - including names for a specific line of goods or services.
A trademark does not give you ownership of a word in the abstract. The USPTO is explicit that "you don't have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services." That is why the same word can be a valid trademark for two unrelated businesses, and why applications are filed within one or more classes of goods or services. Trademark rights can begin from use in commerce, which the ™ symbol signals; federal registration and the ® symbol add nationwide legal presumptions.
What a Copyright Protects
A copyright protects original works of authorship the moment they are fixed in a tangible medium of expression. The U.S. Copyright Office defines copyright as "a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression." Unlike a trademark, it has nothing to do with commerce or brand identity - it protects creativity itself.
Under 17 U.S.C. § 102(a), copyright subsists in "original works of authorship fixed in any tangible medium of expression," across eight categories: literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. Everyday examples include books, blog posts, photographs, illustrations, songs, films, and computer code.
Two conditions must be met. First, originality: a work is original when it is "independently created by a human author" with "a minimal degree of creativity." Second, fixation: the work must be captured in a medium permanent enough to be perceived or reproduced for more than a fleeting moment.
Copyright never covers certain things - and this is exactly where it hands off to trademark law. Copyright does not protect "titles, names, short phrases, and slogans," nor "familiar symbols or designs." And under § 102(b), it "never" protects "ideas, procedures, methods, systems, processes, concepts, principles, or discoveries" - only the specific expression of them. A software program's code is protected; the algorithm it implements is not. For the one-line definition, see copyright (glossary).
How You Get a Trademark
You get federal trademark protection by registering the mark with the USPTO, though limited common-law rights can arise from use alone. Registration is a formal examination process, not an automatic grant. According to the USPTO, you file through the Trademark Center, the online platform that replaced the legacy Trademark Electronic Application System (TEAS) as the primary filing system on January 18, 2025. You must create a verified USPTO.gov account before filing.
Each application is filed within one or more classes of goods or services, and the base application fee is $350 per class filed electronically, effective 2026, per the USPTO fee schedule. After filing, a USPTO examining attorney reviews the mark, which can take several months, and may issue an office action before the mark is approved and published. For the full walkthrough, see how to trademark a name and how much it costs to trademark a name.
Registration is not the end. Under the Lanham Act, 15 U.S.C. § 1058, an owner must file a declaration of continued use between the fifth and sixth year after registration, and renew between the ninth and tenth year and every ten years thereafter. The USPTO warns that failure to make these maintenance filings "will result in cancellation or expiration of the registration."
How You Get a Copyright
You get a copyright automatically - you do not apply for it. The Copyright Office states that "your work is under copyright protection the moment it is created and fixed in a tangible form." No filing, fee, or notice is required for the copyright to exist. That is the sharpest practical difference from a trademark: writing the words or taking the photo is the act that creates the right.
Registration is optional but valuable. You register through the electronic system at copyright.gov. The Copyright Office lists three benefits: registration puts "the facts of their copyright on the public record"; registered works "may be eligible for statutory damages and attorney's fees in successful litigation"; and registration made within five years of publication is treated as "prima facie evidence in a court of law." Critically, you generally must register a U.S. work before you can bring an infringement lawsuit, so most creators who want to enforce their rights register anyway.
Electronic registration fees are modest: $45 for a single author registering one work that is not made for hire, and $65 for the standard electronic application, per the Copyright Office fee schedule (effective 2026). Because the underlying right is free and automatic, the fee buys the enforcement and evidentiary advantages, not the copyright itself.
How Long Each Lasts
Trademark and copyright have very different lifespans. A trademark can last forever; a copyright cannot.
A trademark has no fixed expiration date. It remains in force as long as the owner continues to use the mark in commerce and files the required maintenance and renewal documents. Under 15 U.S.C. § 1059, a registration is renewed in ten-year terms and may be renewed indefinitely. Brands that have been in continuous use for over a century still hold live registrations.
A copyright lasts a long time but always ends. For works created on or after January 1, 1978, the Copyright Office states protection "lasts for the life of the author plus an additional 70 years." For anonymous, pseudonymous, or work-made-for-hire works, the term is "95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first." These terms come from 17 U.S.C. § 302, and works created after 1978 never require renewal to stay protected. When a copyright expires, the work enters the public domain.
What Each Costs
The cost gap follows from how each right is obtained. Copyright protection is free because it is automatic; a trademark must be registered and examined, so it carries a higher, per-class fee.
| Item | Trademark | Copyright |
|---|---|---|
| Protection on creation/use | Common-law rights from use (limited, no fee) | Free and automatic on fixation |
| Federal registration fee | $350 per class (electronic) | $45 single author / $65 standard (electronic) |
| Ongoing fees | Maintenance + renewal every 10 years | None to maintain |
A trademark's total cost scales with the number of classes: two classes means two $350 fees, per the USPTO fee schedule. Copyright's $45–$65 fee, from the Copyright Office, is a one-time cost with nothing to renew. Neither figure includes optional attorney fees. See how much it costs to trademark a name.
Can Something Have Both a Trademark and a Copyright?
Yes - a single product can be covered by a trademark and a copyright at the same time, because the two rights protect different aspects of it. The USPTO and Copyright Office treat these as distinct, complementary forms of intellectual property that often overlap on the same creation.
A logo is the clearest example. As a source identifier it can be registered as a trademark; if the design contains enough original artwork, that artwork can also be protected by copyright. The two rights cover different things - the trademark covers the logo's role in identifying the brand, the copyright covers the creative design itself.
More examples of the split:
- A video game: the name and logo are trademarks; the code, artwork, music, and story are copyrights.
- A T-shirt brand: the brand name is a trademark; the graphic printed on the shirt is a copyright.
- A software product: the product name is a trademark; the source code is a copyright.
- A book: the text is a copyright; a distinctive series name or publisher logo is a trademark.
The two systems do not conflict. That is also why a name or slogan, which copyright refuses to protect, is precisely what trademark law does protect.
Common Mistakes People Make
Because the two rights sound similar, a few errors come up again and again. Knowing them helps you pick the right protection the first time.
- Trying to copyright a business name or slogan. The Copyright Office does not register "titles, names, short phrases, and slogans." Names and slogans are trademark territory.
- Assuming a copyright stops competitors from using a brand name. Copyright protects your expression, not your brand identity; a trademark is what keeps others from trading on your name.
- Believing you must register a copyright to own one. Copyright is automatic on fixation, per the Copyright Office; registration adds enforcement rights but does not create the copyright.
- Thinking a trademark is permanent once granted. It lapses without the maintenance filings required under 15 U.S.C. § 1058.
- Filing a trademark in the wrong class. Rights attach only to the goods or services you actually claim, so the class you choose matters - see our trademark hub.
Frequently Asked Questions
Can I copyright a business name or logo?
You cannot copyright a business name - the Copyright Office does not protect names, titles, or slogans. A name is protected as a trademark. A logo with enough original artwork can be both copyrighted as art and registered as a trademark for the brand.
Do I have to register a copyright to own it?
No. Copyright is automatic the moment an original work is fixed in a tangible form. Registration is optional, but you must register a U.S. work before suing for infringement, and timely registration unlocks statutory damages and attorney's fees.
How much does each one cost?
A federal trademark application costs $350 per class filed through the USPTO Trademark Center. Copyright registration costs $45 for a single author registering one work, or $65 for the standard application. Copyright protection itself is free on creation.
How long does a trademark last compared to a copyright?
A trademark can last indefinitely if you keep using it and file maintenance documents every 10 years. Copyright for works created after 1978 lasts the life of the author plus 70 years, or 95 years from publication for works made for hire.
Which agency handles trademarks and which handles copyrights?
The USPTO registers trademarks. The U.S. Copyright Office, part of the Library of Congress, registers copyrights. They are separate agencies with separate applications, fees, and rules.
Can the same product have both a trademark and a copyright?
Yes. A video game's name and logo are trademarks; its code, art, music, and story are copyrights. A T-shirt brand's name is a trademark; the printed graphic is a copyright.
Sources
- USPTO - What is a trademark? (definition; word/phrase/symbol/design; rights tied to specific goods/services).
- USPTO - Trademark, patent, or copyright (distinctions among the three IP types; agencies).
- USPTO - Apply for a trademark (Trademark Center replaced TEAS Jan 18, 2025; account required).
- USPTO - Trademark process (maintenance filings 5th–6th and 9th–10th year; cancellation for failure).
- USPTO - USPTO fee schedule ($350 base application per class, electronic).
- U.S. Copyright Office - What is copyright? (original works fixed in tangible form; does not protect names/titles/slogans).
- U.S. Copyright Office - Copyright in General (FAQ) (automatic on creation; registration required to sue; benefits).
- U.S. Copyright Office - Duration (FAQ) (life + 70; 95/120 years for works for hire; no renewal post-1978).
- U.S. Copyright Office - Registration portal (electronic registration system).
- U.S. Copyright Office - Fees ($45 single author/one work; $65 standard electronic application).
- Cornell LII - 15 U.S.C. § 1127 (statutory trademark definition, Lanham Act).
- Cornell LII - 17 U.S.C. § 102 (subject matter of copyright; eight categories; 102(b) exclusions).
- Cornell LII - 17 U.S.C. § 302 (duration of copyright for works created after 1977).
- Cornell LII - 15 U.S.C. § 1058 (duration; declaration of continued use).
- Cornell LII - 15 U.S.C. § 1059 (renewal of registration in 10-year terms).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney. This page is information, not advice. Intellectual property laws, forms, and fees change; verify current requirements with the USPTO and the U.S. Copyright Office before acting.