Trademark vs. Copyright: What's the Difference?

Published by the Registry Consulting team · How we researchSources linked in this guideNot a law firm · no legal adviceTalk to a trademark attorney

Updated November 1, 2026

Row of bound legal volumes — Photo: Tony Webster from Minneapolis, Minnesota, United States, CC BY 2.0

Registry Consulting is an independent information site, not a law firm, and does not give legal advice. Guides are general information about U.S. trademark law.

Quick answer: A trademark protects brand identifiers such as names, logos and slogans that tell customers who makes a product. A copyright protects original creative works such as writing, art, music and code. Trademarks are registered with the USPTO; copyrights with the U.S. Copyright Office.

The two often get mixed up because a single logo can involve both: the artwork can be copyrighted, while its use as a brand is a trademark.

Side by side

	Trademark	Copyright	Patent
Protects	Brand names, logos, slogans that identify source	Original works of authorship fixed in a tangible form	Inventions
Where to register (U.S.)	USPTO	U.S. Copyright Office	USPTO
When protection starts	Rights can arise from use; registration adds benefits	Automatically when the work is fixed	Only when granted
How long	As long as it's used and registration is maintained	Generally the author's life plus 70 years for works created since 1978	Generally 20 years from filing for utility patents

Examples

Thing	Usually protected by
Your company name on products	Trademark
Your blog posts and photos	Copyright
A slogan used in branding	Trademark (short phrases generally aren't copyrightable)
Software code	Copyright (and sometimes patents)
A logo	Trademark for brand use; the artwork may also be copyrighted

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Which do you need?

If you are building a brand, a trademark protects the name customers search for. If you create content, copyright protects the content itself. Many businesses need both.

This guide is general information, not legal advice. Trademark rules and fees change; confirm current details on the USPTO website or with a licensed attorney.

Frequently asked questions

Can you copyright a business name?

No. Names, titles and short phrases generally aren't protected by copyright. Brand names are protected through trademark law.

How long does a trademark last?

A U.S. trademark registration can last indefinitely as long as the mark stays in use and the required maintenance filings are made.