Trademark vs. Copyright vs. Patent

This article is general information, not legal advice. For guidance on your situation, consult a qualified intellectual property attorney.

Business owners often use "trademark," "copyright" and "patent" interchangeably, but they protect very different things. Understanding trademark vs. copyright — and where patents fit — helps you protect your brand, creative work and inventions properly.

For a step-by-step registration guide, see how to trademark a logo.

Quick comparison

Trademarks

Trademarks protect the words, symbols and designs that identify your goods or services. Examples include business names, logos, product names and slogans.

Key points:

• Protection is tied to specific goods and services.
• Rights depend on use and distinctiveness.
• Federal registration with the USPTO provides nationwide protection.
• Registration can last indefinitely if you keep using the mark and file maintenance documents.

Copyright

Copyright protects original works of authorship:

• Artwork and illustrations, including logo artwork
• Website text and blog posts
• Photographs and videos
• Music and recordings
• Software code

Key points:

• Copyright exists automatically when an original work is fixed in a tangible form.
• It protects expression, not ideas, names or short phrases.
• Registration in the US provides important legal advantages, such as the ability to bring an infringement lawsuit for US works and potentially recover statutory damages.

Patents

Patents protect inventions:

• Utility patents: new and useful processes, machines, products or compositions.
• Design patents: new, original, ornamental designs for manufactured products.

Key points:

• Patents must be applied for and granted.
• They give exclusive rights for a limited time.
• Public disclosure before filing can affect patentability, so timing matters.

How they apply to common business assets

Your logo: two layers of protection

A logo can be protected in two ways:

1. Copyright protects the original artwork from being copied.
2. Trademark protects the logo as an identifier of your business, preventing confusingly similar marks for related goods or services.

Make sure you own the copyright to your logo. If a designer created it, your agreement should transfer ownership to you.

Common misconceptions

• "Registering a business name with my state protects it as a trademark." Business entity registration is different from trademark protection.
• "Owning a domain name means I own the trademark." Domain registration doesn’t create trademark rights.
• "Copyright protects my business name." Names and short phrases aren’t protected by copyright.
• "Patents protect logos." Logos are protected by trademark and copyright.
• "The © symbol is required for protection." Copyright exists without it, though notice can be useful.

Which do you need?

• Launching a brand? Consider trademark registration for your name and logo.
• Creating content, photos or software? Copyright protects it automatically; register important works.
• Invented something new? Speak with a patent attorney before disclosing it publicly.

Protect what you’ve built

We help businesses search, file and protect trademarks for their names and logos. Explore our trademark registration services or contact us for guidance.

Frequently asked questions