Key takeaways:
- Copyrights protect creative works like books and music, while trademarks cover brand elements like logos and names.
- Knowing the difference between copyrights and trademarks is key to protecting your intellectual property. While logos are design elements, they are trademarked because they’re tied to a brand.
- Copyright protection kicks in automatically when you create something original, but registering it gives you stronger legal backing.
Businesses that bring fresh ideas to the table are usually the ones that thrive. But nothing’s more frustrating than having your original work stolen or used without credit. In a competitive space, protecting your creative assets is key. Of the various types of protection, copyrights and trademarks are the most common.
Understanding the difference between trademark and copyright is key to securing your brand and business early on. While they each protect different parts of your intellectual property, they’re often confused.
In this article, we’ll explain the difference and why it’s important to keep your work safe. Before we compare, let’s take a look at what these types of intellectual property protection are.
What is a copyright?
While a trademark protects your brand, copyrights protect any intellectual work that is creative/artistic such as literature, music and dramatic work. Copyright can cover:
- Books, articles, and blog posts
- Music, movies, and sound recordings
- Art, including photography and illustrations
- Software code and computer programs
- Web content, including graphics, videos, and code
A copyright kicks in as soon as you create an original piece of work or tangible medium. This means that you don’t even need to register for it to apply.
However, doing so gives you the exclusive right to use and reproduce your work. Plus, it also gives legal protection for anything you create including the making of derivative works. You can legally claim monetary compensation if anyone wants to borrow or use your work.
What is a trademark?
A trademark or service mark is a way to legally protect the unique things people recognize about your business—like symbols, logos, slogans, or even specific color schemes.
Think about McDonald’s golden arches, Apple’s partially bitten apple, or Nike’s iconic “Just Do It” slogan. These brands secured trademarks so nobody else could copy them and cause consumer confusion.
Federal trademark registration can protect things like:
- Your business name
- Your logo or symbol
- Your slogan or tagline
- Your product packaging design
You’ll notice trademarked elements by the symbols ™ and ®. Anything marked with ™ means the business claims rights to it but hasn’t officially registered it yet. Whereas those marked with ® are fully registered trademarks, giving them stronger legal protection nationwide.
Trademark vs. copyright: Which one should you get?
The thing to know is that copyrights and trademarks both protect your work—but in very different ways. Copyrights protect creative works, while trademarks protect your brand or business identity.
It’s pretty straightforward: if you’ve got a brand or business name, you’ll want a trademark. If you’ve created a drawing, a song, or even a computer program, secure a copyright. Here’s a comparison table if you’d like to learn more:
| Copyright | Trademark | |
| Coverage | Worldwide, for any nation registered under the Berne Copyright convention | Nationwide |
| What it protects | Any intellectual ‘creative/artistic’ work such as: literary works; computer software and databases; motion pictures; photographs; films architectural works; and applied works. | Anything associated to a brand/business such as: your company name, services, logos, phrases, symbols sounds and design. |
| Requirements for registration | Must be original and in tangible form (e.g. an eBook sold online, a video posted on YouTube) | Should be distinctive, widely used and known in the industry applied for |
| Rights granted | Right to reproduce your work. This can include charges for reproduction or usage of your work | The right to solely own and use any brand element for your business alone. |
| Terms of coverage | Depends on what was made, who created it and for what coverage (local/nationwide). | Indefinite. However, must be renewed every 10 years |
How to apply for a copyright
If you’re serious about intellectual property protection, securing your copyright is a great first step. The copyright registration process is simple and straightforward. Here’s how to get started:
Step 1. Check if your work qualifies
If you created something for your job, it might already belong to your employer. But if it’s your own original work, you’re good to go.
Step 2. File your application
Head to copyright.gov and fill out the form. It’s quick and costs around $35 to $55. If you’re looking to protect your work outside the U.S., check out international agreements like the Berne Convention—other countries have their own copyright laws.
Step 3. Include a copy of your work
You’ll need to upload or mail in a copy of the work you’re registering for.
The whole process can take up to three to ten months, but it’ll be worth it. Copyrights usually last up to 70 years after your passing and your family can continually reap the benefits of your work. If the work is owned by a business, it can last up to 95 years after publication or 120 years from creation, whichever comes first.
How to apply for a trademark
Unlike copyrights, trademarks aren’t automatic. You need to register your trademark with the appropriate intellectual property office. In the U.S., that’s the United States Patent and Trademark Office (USPTO). The process typically involves submitting an application, undergoing a review, and—if all goes well—receiving your official trademark registration.
Here’s a streamlined guide to help you through it:
Step 1. Conduct a trademark search
Before filing, check that your desired trademark isn’t already in use. Search the USPTO trademark database, domain names, and common-law sources to avoid conflicts with existing trademarks.
Step 2. Identify the correct trademark class
Trademarks are registered based on specific goods or services, known as classes. Determine the appropriate class or classes your mark falls under. This ensures your application is accurately categorized.
Step 3. Create a strong and distinctive trademark
Your trademark should be unique and clearly tied to your brand. Avoid generic or overly descriptive terms, as these are harder to register and protect.
Step 4. Prepare and submit your application
File your trademark application through the USPTO’s Trademark Electronic Application System (TEAS). You’ll need to include details about the mark, the applicant, and the goods or services it will represent. Application fees typically range from $250 to $350 per class, depending on the type of form you use.
Step 5. USPTO review and Office Actions
Once submitted, a USPTO examining attorney will review your application. If any issues are found—such as conflicts or missing information—you’ll receive an Office Action. You must respond within the given deadline to keep your application moving.
Step 6. Publication and opposition period
If approved, your trademark will be posted in the USPTO’s Official Gazette for public disclosure. This gives third parties 30 days to oppose the registration if they believe it conflicts with their existing trademark.
Step 7. Registration and ongoing maintenance
If there are no oppositions—or if they’re resolved—you’ll receive your official trademark registration certificate. From there, it’s up to you as the trademark holder to monitor for misuse and keep your trademark active by filing required maintenance documents at regular intervals (between the fifth and sixth year, tenth year, and every 10 years after that).
What are the benefits of protection?
You already know that trademark and copyright law help you secure your work, but there are a few other perks that are often overlooked.
Copyright
If your work is registered, you’re in a much stronger legal position. You can license your works created and earn income from it. And if someone copies or contests it, you don’t have to prove you created it first—your registration already backs you up. It’s the other party’s job to prove otherwise.
This makes enforcement easier and gives you more leverage in intellectual property disputes.
Trademark
Registering a trademark does more than just protect your brand. It also helps stop others from using something similar. Because your mark appears in public databases, other businesses are more likely to avoid trademark infringement.
A trademark can also support business growth. It can be licensed, sold, or even used in franchising, giving you more ways to expand your brand without giving up control.
Unfortunately, when it comes to protecting your work or brand, you can only go so far. There will always be exceptions—and that’s where fair use comes in.
What is Fair Use?
Fair use is a legal exception that allows limited use of copyrighted or trademarked material without needing permission. It’s meant for situations like education, commentary, reviews, news reporting, and research—where the material is being transformed or used in a way that benefits the public.
Here’s what fair use can look like:
- For copyright. Quoting a few lines from a book in a blog post, or using a short video clip in a commentary or critique
- For trademarks. Mentioning a brand in a comparison review, or referencing it to accurately describe a product or service
But just because something is online or used in a school project doesn’t make it fair game. And fair use isn’t a one-size-fits-all rule. You can still set your own terms.
As a creator or business owner, know where fair use ends and where your rights take over. This will help you set clear boundaries to prevent false endorsements, defamation or the misuse of your work in ways you don’t support.
Common misconceptions about copyrights and trademarks
There’s still a lot of confusion about what these protections actually cover. Here are three myths creators and business owners should know:
No copyright symbol means it’s free to use
That used to be the case, but not anymore. Since 1989, copyright protection exists whether or not the © symbol is used. A work is still protected the moment it’s created and fixed in a tangible format—even if the symbol is missing.
Fair use gives anyone the right to reuse your content
Fair use is limited and highly situational. Just because someone isn’t charging money or only uses a small portion of your work doesn’t automatically make it fair use. You still have the right to act if your content is being misused.
Trademarks only cover logos
Trademarks protect more than just logos. They can also apply to brand names, slogans, sounds, colors, or even packaging—anything that helps people recognize and connect with your brand.
Ready to protect your content? Start with your website
You’ve learned the difference between copyrights and trademarks, how fair use actually works, and what it takes to protect your creations as a business owner or content creator. Whether you’re looking to secure your content, your brand, or both, the key is acting early.
One of the best ways to move forward is by building a strong online presence. A professional website gives your work global visibility, makes your brand easier to trust, and helps establish you as the original source.
And you don’t need to be a developer to make it happen. With our intuitive AI website builder, you can launch a polished, professional site in just a few clicks—no coding required.
Create your site today and let your work speak for itself.
Frequently asked questions
Not exactly. Fair use only applies in certain situations like commentary, education, news reporting, or parody. Just because someone’s not making money or only using a small part of your work doesn’t automatically mean they can skip asking for permission.
That depends. If an AI tool created the content without any human input, it usually can’t be copyrighted. But if you directed or contributed creatively to the final piece, the parts you added may still be protected.
Yes, and in many cases, you should. Copyright protects the creative side of your work—like blog posts, videos, and images—while a trademark protects your brand elements, like your name or tagline. They work well together.
No. You can’t copyright an idea, concept, or general theme. Only the way you express that idea—through writing, design, music, or visuals—can be protected.
Nope. That old “poor man’s copyright” myth doesn’t hold up in court. The best way to protect your work is to officially register it with the U.S. Copyright Office.
