Understanding the Difference Between Trademarks and Copyrights
In today’s digital world, protecting your creative work and your brand is more important than ever. Many people use the words “copyright” and “trademark” as if they mean the same thing—but they don’t. These two forms of legal protection serve very different purposes. Knowing how they work can help you protect your ideas, your business, and your reputation. Let’s break it down in simple terms with help from Braslow Legal.
What Is a Copyright?
A copyright protects creative work. This includes things like books, songs, movies, artwork, photographs, blog posts, software code, and even architectural designs. If you create something original and fix it in a tangible form—like writing it down, recording it, or saving it to a computer—it’s automatically protected by copyright law.
Copyright gives the creator certain exclusive rights. You control who can copy, distribute, display, or perform your work. You can also make adaptations or give permission to others to do so. That means if you write a book, no one else can publish or sell it without your consent.
The protection lasts a long time, too. In most cases, copyright lasts for the creator’s life plus 70 years. For works created by a company, the duration is a set number of years from the date of publication. You don’t have to register your work with the U.S. Copyright Office to have rights, but registration provides stronger legal protection if someone infringes on your work.
What Is a Trademark?
A trademark protects brand identity—the things that make your business or product recognizable. This includes names, logos, slogans, and sometimes even distinctive colors or sounds that identify your brand. Trademarks help customers know who is behind a product or service.
For example, when you see the Nike swoosh, you immediately think of the athletic brand. The swoosh is a registered trademark. Similarly, slogans like “Just Do It” or product names like “iPhone” are protected trademarks. They prevent competitors from using confusingly similar names or symbols that could mislead consumers.
Trademarks can last forever as long as they’re actively used in commerce and renewed every ten years with the U.S. Patent and Trademark Office (USPTO). This makes trademarks an essential part of building a strong, lasting brand.
The Main Difference Between Copyright and Trademark
The easiest way to tell them apart is this:
Copyright protects what you create.
Trademark protects what you call it.
Copyright is about creative expression—your original work. Trademark is about business identity—your brand name and logo.
For example, imagine you write and sell a children’s book:
The story, characters, and illustrations are protected by copyright.
The book’s series name, logo, and tagline can be protected by trademark.
Or, if you start a clothing company:
Your shirt designs and photos are covered by copyright.
Your company name and logo are covered by trademark.
Both types of protection can work together to fully safeguard your business and your creative assets.
Why Registration Matters
Even though copyright exists automatically, registering your work adds significant benefits. If someone copies your work without permission, you can’t file a lawsuit unless the work is officially registered. Registration also allows you to seek statutory damages and attorney’s fees if infringement occurs.
Trademarks, on the other hand, gain legal power through use in commerce—but federal registration with the USPTO gives you nationwide protection. It also puts the public on notice that your mark belongs to you and helps prevent others from using something too similar.
How to Register Each One
Copyright: You can register online through the U.S. Copyright Office website for a small fee, usually between $45 and $65.
Trademark: You register through the U.S. Patent and Trademark Office, with fees typically ranging from $250 to $350 per class of goods or services.
Both processes are worth the effort if your work or brand has commercial value. Braslow Legal often advises clients to take both steps when they are launching new businesses, creating artistic works, or expanding their brands.
What Neither One Protects
It’s important to note what copyright and trademark don’t protect. Copyright doesn’t protect ideas, facts, or methods—it only covers how those ideas are expressed. For instance, you can’t copyright the idea of a superhero, but you can copyright your unique version of that character and story.
Trademark doesn’t protect creative work itself—it only protects branding elements. You can’t trademark a novel or a song, but you can trademark the title of a series or the name of your band if they represent your brand in commerce.
Why It Matters for You
If you’re a business owner, artist, writer, or entrepreneur, protecting your intellectual property is essential. It’s what keeps your work from being copied and your brand from being stolen. Whether you’re building a company or creating content, understanding how copyrights and trademarks differ helps you protect what’s uniquely yours.
Think of copyright as a shield for your creations and trademark as a shield for your identity. Together, they give you powerful tools to defend your work, your brand, and your reputation.
Final Thoughts
In the end, both copyrights and trademarks are about one thing: protecting originality and honesty in the marketplace. If you’re unsure which one applies to your situation—or if you should register both—consulting with an experienced intellectual property attorney can make all the difference. Protecting your creative and business assets today will give you peace of mind and legal security for years to come.
Braslow Legal is dedicated to helping creators and business owners understand and secure their intellectual property rights.