Comparison guide · Intellectual property basics
Trademark vs copyright: which one do you need?
One protects the name customers know you by. The other protects the things you create. Most businesses need the first, many need both, and a few common assets get neither.
By Bill, Business Growth Expert · Verified and checked on October 24, 2026
Trademark
Brand names, logos and slogans that tell buyers who sells a product or service.
Copyright
Original creative work: writing, art, photos, music, video and software code.
Short answer
A trademark protects your brand name, logo or slogan, and you register it with the USPTO for $350 per class. A copyright protects original creative work such as text, images, music and code. It exists as soon as the work is created, and registering it with the U.S. Copyright Office (from $45) lets you sue and claim statutory damages. A logo can be protected by both. Business names and slogans can only be trademarks.
How do trademarks and copyrights differ?
| Trademark | Copyright | |
|---|---|---|
| What it protects | Names, logos, slogans and other brand identifiers | Original works: writing, art, photos, music, film, code |
| How rights start | By using the mark to sell goods or services | Automatically, when the work is fixed in a tangible form |
| Where you register | U.S. Patent and Trademark Office | U.S. Copyright Office |
| Government fee | $350 per class | From $45 (Single Application) or $65 (Standard Application) |
| How long it lasts | As long as you keep using it and file the maintenance documents | Generally the author’s life plus 70 years |
| What it stops | Confusingly similar brands on related goods or services | Copying the work itself |
The Copyright Office has proposed higher fees for fall 2026, so check its fee page before you file. Trademark registrations need a maintenance filing between the fifth and sixth years, and renewal every ten years. Our trademark cost breakdown lists every USPTO fee.
Which one protects your business assets?
Business name
TM
Logo
Both
Slogan
TM
Product photos
©
Blog posts
©
Packaging artwork
Both
App code
©
A recipe
Neither
Copyright doesn't cover names, titles, slogans or short phrases, which is why a business name can only be a trademark. A recipe's ingredient list isn't protected by either. Recipes are usually kept as trade secrets instead.
Should you protect a logo with a trademark or a copyright?
Often both, because they do different jobs. A trademark stops a competitor from using a similar-looking logo that could confuse your customers. A copyright stops someone from copying the artwork itself, even for an unrelated use.
Check who owns your logo. If a freelance designer created it, the designer usually owns the copyright unless you have a written assignment. Get that signed before you file, because the trademark application should be in your business's name. See whether to trademark your logo or your name first.
Do you need to register a copyright at all?
Copyright exists without registration, but registration matters when something goes wrong. For U.S. works, you generally must register before you can file an infringement lawsuit. Statutory damages and attorney’s fees are usually only available if you registered before the infringement began or within three months of publication. Registration is cheap compared with a trademark, so creators of valuable work often register early.
Ready to protect your brand name?
See our trademark filing packagesTrademark vs copyright questions
What is the main difference between a trademark and a copyright?
A trademark protects brand identifiers such as names, logos and slogans. A copyright protects original creative works such as writing, art, photos, music and code.
Can I copyright my business name?
No. Copyright does not protect names, titles, slogans or short phrases. You protect a business name by registering it as a trademark.
Can a logo be both trademarked and copyrighted?
Yes. The trademark protects the logo as your brand identifier, and the copyright protects the artwork as a creative work.
How much does it cost to register a copyright vs a trademark?
A copyright registration currently starts at $45 for a Single Application or $65 for a Standard Application. A trademark costs $350 per class in USPTO fees. The Copyright Office has proposed fee increases for fall 2026.
How long do trademarks and copyrights last?
A trademark can last indefinitely if you keep using it and file the required maintenance documents. A copyright generally lasts for the author’s life plus 70 years.
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm, and does not file copyright registrations. Ownership disputes and infringement claims require a licensed attorney.
Sources
- USPTO: Trademark, patent or copyright?, checked October 24, 2026
- U.S. Copyright Office: Fees
- U.S. Copyright Office: Proposed fee schedule submitted to Congress (July 2026)
- U.S. Copyright Office Circular 33: Works not protected (names, titles, short phrases)
- 17 U.S.C. §411 and §412: Registration before suit; statutory damages
- USPTO: Fee schedule
Verified and checked on October 24, 2026.