What’s the Difference Between Trademark vs Copyright? 

Here’s the deal: a trademark helps protect the identity of your brand, while copyright safeguards your original creative works. Both offer brand protection, but they apply to different things.  

In this article, we’ll break it all down for you in simple terms, so you’ll know exactly what kind of protection you need for your business. Let’s clear up the confusion. 

What is a trademark? 

A trademark or service mark is what makes your brand uniquely your own. It could be anything that helps people recognize your business like a symbol, name, or logo.  

For example, see the golden arches of McDonald’s or Apple’s logo—those are iconic trademarks that pretty much everybody knows about. 

Trademarks can protect all kinds of things: 

• Your business or domain name 

• Your logo or symbol 

• Your slogan or tagline 

• Even the design of your product packaging 

Having a trademark means you’ve got exclusive rights to use those things. No one else can legally use your image in a way that could confuse your customers. This is huge for building a brand people can trust. 

Trademarks protect your business’s identity. If someone uses something too similar to your trademark, you’ve got the legal capacity to stop them. You can also prevent confusion in the market, so your customers know exactly what to expect from you.  

What is copyright? 

Copyright is the process of protecting your creative work. It automatically kicks in as soon as you create an original piece of work or tangible medium. With it, you have the exclusive right to use and reproduce your work. It also gives legal protection for anything you create. 

You don’t need to register for copyright. But registration can give you extra benefits, like the ability to sue for statutory damages if someone infringes on your work. 

Copyright can cover: 

• Books, articles, and blog posts 

• Music, movies, and sound recordings 

• Art, including photography and illustrations 

• Software and computer programs 

• Web content, including graphics, videos, and code 

Why does this matter for your business?  Having a copyright protects inventions from being stolen without credit. So, if someone tries to use your work without asking, copyright gives you the legal right to take action. 

Key differences between trademark and copyright 

Trademarks and copyrights both protect intellectual property, but they do so in pretty different ways. Here’s how they can vary: 

Purpose 

• Trademarks. They’re made to distinguish your business from others by creating unique identifiers that make your brand recognizable to consumers.   

• Copyrights. This protects your creative works. Copyright gives you exclusive rights to those works. You can be sure that no one can copy or sell your creations without your permission. 

Duration 

• Trademarks. Can last indefinitely, as long as you keep using them and renew the registration as required. There’s no time limit, so long as the trademark remains in active use and doesn’t become abandoned. 

• Copyrights. Last much longer but have a set duration. An individual’s copyright lasts for the creator’s lifetime plus 70 years. For works created by businesses, the copyright lasts from 95 to 120 years. Once the copyright expires, the work enters the public domain and can be freely used by anyone. 

Ownership 

• Trademarks. Are owned by the business or person who uses them in commerce. You have the exclusive right to sell your products or services if you’re using a trademark. You could lose those rights if you stop using it or don’t renew it when needed.  

• Copyrights. Are yours as soon as you create something original and put it in a tangible form. No need for paperwork to own the copyright. But if you want, you can transfer or sell it to someone else or another entity.  

How to decide which protection you need for your business 

How do you figure out which method you need for your business?  Here’s a quick guide to help you decide: 

Do you want to protect your brand identity? 

Protecting your brand identity in a competitive market is important because it’s the cornerstone of your success. Doing so safeguards your identity. Nowadays, consumers are more discerning, and consistent branding can maintain customer trust. So, don’t let counterfeiters dilute your brand and damage your reputation.  

Do you want to protect your original creative works? 

Making a firm decision to protect your creative works is not just about legal rights or financial considerations. Preserving the integrity of your work is pretty important too. All forms of art are about expressing your perspective. If original works are simply copied and altered, their quality will go down.  

Are you both creating content and building a brand? 

Your business might need both legal protections in some cases. For example, if you’ve got a fashion brand, you could have a logo and a brand name you want to trademark. But you’ll also have original designs or photos of your clothing that need copyright protection. Both types of protection would be important in this case. 

Are you selling physical products or offering services? 

A trademark for your brand name is pretty important in a physical setup. All the original packaging or designs for your products might be eligible for copyright protection as well. 

If your business offers physical services, you might not need trademark law as much unless you have a unique business name or logo. But you might still want copyright protection for your written content, photos, or designs. 

How to register a trademark or copyright 

Once you know what you need to protect, the next step is registering your trademark or copyright. Here’s how to do it for each: 

Registering a trademark 

1. Check if your trademark is available: 

Before registering, you’ll want to make sure no one else is already using the trademark you want. The easiest way to do this is by searching the United States Patent and Trademark Office (USPTO) database for existing trademarks. You can do this online through their Trademark Electronic Search System (TESS). 

2. File your application: 

Once you’ve confirmed your trademark is available, you can file an application through the USPTO website. You’ll need to provide details like: 

1. The name or logo you’re trademarking 

2. The goods or services associated with your trademark 

3. A specimen (example) of how you’re using the trademark (like a product label or website screenshot) 

If you don’t already have an account with USPTO, you can create one through their website.  

3. Wait for approval: 

After submitting your application, the USPTO will review it. If everything checks out, they’ll approve it and send you your trademark registration. This process can take several months, so be patient. 

4. Maintain your trademark: 

Once your trademark is registered, you’ll need to keep using it to maintain your protection. The USPTO requires you to file specific maintenance documents every 5-10 years to keep the trademark active. 

Registering a copyright 

1. Create your work: 

Copyright protection is automatic the moment you create something original. Registering your copyright with the U.S. Copyright Office gives you additional legal benefits if you need to act against infringement. 

2. Submit a registration application: 

To register your copyright, go to the U.S. Copyright Office website and fill out the application. You’ll need to provide: 

1. Your name and contact information 

2. A description of the work you’re registering (e.g., the title of your book, the medium of artwork) 

3. A copy of the work itself (upload it directly to the website or send a physical copy) 

3. Pay the registration fee: 

There’s a fee to register your copyright, which can vary based on the type of work. If your trademark spans multiple classes, the fees will multiply accordingly. 

The USPTO offers two primary filing options, each with its own fee structure: 

• TEAS Plus. $250 per class of goods/services. This option requires using pre-approved descriptions from the USPTO’s trademark manual and adhering to specific filing requirements. 

• TEAS Standard. $350 per class. This option provides more flexibility in describing your goods or services but comes at a higher cost. 

4. Wait for confirmation: 

Once you’ve submitted your application and settled the fee, the Copyright Office will review it. If everything’s in order, they’ll send you a certificate of registration. This can take several months, so be patient! 

Additional considerations for business owners 

While trademarks and copyrights are powerful tools for protecting your business, there are a few other things to consider: 

International protection 

When you want to expand internationally, remember that trademark and copyright protections are usually limited to the country where you register. So, if you’re selling or offering services abroad, you may need to register your trademark or copyright in each country you operate in. 

For trademarks, the Madrid Protocol makes it easier by letting you register in multiple countries with one application. For copyrights, you’ll need to look up the specific rules for each country you’re targeting. 

Monitoring and enforcement 

Simply registering a trademark or copyright isn’t enough, you also need to keep an eye out for potential infringement. This means regularly checking the market and the internet to see if anyone is using your protected intellectual property without your permission. 

For trademark protections, there are services that can monitor and alert you if someone is using a similar name or logo. You’ll need to act if you find infringement, from sending a cease-and-desist letter or filing a lawsuit.  

For copyrighted content, tools like Google Alerts or any other copyright monitoring services can help spot unauthorized use of your work online. 

Consider licensing or assigning your IP 

If you want to generate additional revenue or allow others to use your IP (intellectual property), then consider licensing or assigning your trademark or copyright. Licensing lets another business use your IP under specific conditions, like paying royalties. Assigning, on the other hand, means transferring full ownership of your IP to someone else. 

Licensing and assigning IP can get pretty complex, so it’s a good idea to work with an attorney to make sure everything is set up properly and you’re protected. 

Renewals and maintenance 

Trademarks need to be renewed every 5-10 years, and you must prove you’re still using them in commerce. If you don’t renew it on time, you could lose your trademark rights. 

Copyrights don’t require renewal for most works, but if you’ve registered your copyright, it’s a good idea to keep track of your registration and make sure it’s up to date. 

Consulting with a professional 

Intellectual property protection can get tricky as your business grows. If you’re unsure about whether you need a trademark or copyright, consulting with an intellectual property lawyer can save you time and money in the long run. They can help you understand the best ways to protect your work and navigate any legal challenges. 

Protect your brand with the right method 

Now that you’ve got the basics of trademarks and copyrights down, it’s time to take action. From building your brand or creating original content, knowing the difference between these two forms of protection will help you safeguard your intellectual property and keep your hard work secure. 

Remember, a trademark will help you stand out in the marketplace, while copyright ensures your creative works stay yours.  If you’re concerned about your branding and creative works, you’ll want to consider both trademark and copyright.  

So, go ahead and get a registered trademark symbol. Protect your content and start building the legal foundation to help your business thrive. And while you’re at it, getting a domain with Domain.com is a smart next step to make sure your brand is protected across the web. 

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