When launching a business, designing a product, or creating original content, it’s crucial to protect what makes that work valuable. Yet for many entrepreneurs, artists, and startup founders, the question remains: When it comes to trademark vs. copyright, does it matter which one I choose?
It does. The wrong type of protection can leave your work vulnerable, cost your business time and money, and potentially limit your future options.
This blog post will explain the key differences between copyright and trademark protections and how you can get help making the right move for your brand, product, or creation.
What Is the Difference Between Copyright and Trademark?
At a glance, trademarks and copyrights may seem similar. However, they are designed to protect very different things. Understanding the core differences between these types of intellectual property protection is essential for setting yourself up for success.
Trademark vs. Copyright: The Key Distinctions
A trademark safeguards brand identifiers: e.g., names, logos, slogans, and other distinctive elements that help consumers recognize your goods or services. For example:
- Company names like Walmart, Amazon, and Chanel;
- Logos, like the Apple icon; and
- Taglines like “Just Do It.”
Trademarks help consumers identify the source of goods or services, prevent confusion in the marketplace, and build trust between a brand and its audience. They’re governed by the Lanham Act and can last indefinitely, as long as the mark is actively used in commerce and properly maintained.
By contrast, a copyright protects original works of creative authorship such as books, music, films, photography, visual art, and software code. It gives the creator exclusive rights to reproduce, distribute, perform, display, or license the work. Copyrights are governed by the U.S. Copyright Act and typically last for the life of the author plus 70 years (for individual creators).
Copyright automatically exists the moment an original creative work is fixed in a tangible medium, such as when:
- A musician records a song,
- An artist takes a photo, or
- An author writes a book.
Registering with the U.S. Copyright Office strengthens the rights of creators to protect their original work, including by allowing them to seek damages if someone uses their work without proper permission.
Common Scenarios That Help Decide What You Need
Here are some ways to help you identify which type of legal protection you need based on what you’re creating:
- Developing a brand or launching a product line? A trademark can protect the name, logo, and slogan associated with your business.
- Writing a novel, composing music, or filming a documentary? Copyright protects the original expression of your creative ideas in words, sound, or film.
- Creating software? The code itself may be protected by copyright, but the name and logo of the software platform could be trademarked.
In simple terms, if you want to protect your brand identity, you need a trademark. If you want to protect the expression of your creative ideas, you need a copyright.
Sometimes, you may need both. For example, a company selling products with original artwork or designs might trademark the name and logo of a product while also copyrighting the product’s packaging design or advertising materials.
What Happens If You Don’t Choose Correctly
Failure to protect your intellectual property can result in:
- Competitors copying your brand or creative work,
- Legal disputes that drain resources,
- Lost licensing opportunities, and
- Confusion in the market, weakening your reputation.
According to the U.S. Chamber of Commerce’s Global Innovation Policy Center, IP-intensive industries account for over 41 million U.S. jobs and contribute more than $7 trillion to the U.S. economy. In other words, your IP is an asset worth protecting.
What Is the Difference Between a Copyright and a Trademark Attorney?
Understanding the difference between copyright and trademark attorney services can help you get the right protection from the start.
A copyright attorney focuses on creative works like books, music, films, artwork, and software. They help register works with the U.S. Copyright Office, draft licensing agreements, and take legal action if someone uses your work without permission.
A trademark attorney, by contrast, protects brand identity. This includes names, logos, slogans, and product packaging. These attorneys handle trademark searches, registrations through the U.S. Patent and Trademark Office (USPTO), and disputes under the Lanham Act.
In short, copyright attorneys protect expression; trademark attorneys protect recognition in the marketplace. If you’re not sure which type of attorney you need, or whether both apply, an experienced intellectual property lawyer can help evaluate your work or brand and recommend the right strategy to move forward with confidence.
Jones Intellectual Property Can Help Clarify What You Need
Understanding the difference between a copyright and a trademark is the first step toward making the right move for your brand, product, or creation. Michael Jones of Jones Intellectual Property has advised everyone from local startups to Fortune 500 companies on these very decisions.
As the founding attorney of Jones Intellectual Property, Michael is a trusted authority in trademark and patent law. With years of experience protecting the intellectual property of both emerging startups and established global companies, he knows the nuances that separate trademark from copyright—and how to apply each strategically.
Why an Experienced Attorney Can Make the Difference
Protecting intellectual property is rarely black and white. In many cases, both trademark and copyright protection might apply, and knowing how to layer them effectively is essential. A trained intellectual property attorney like Michael Jones can evaluate your specific goals, assess potential risks, and help guide you through the registration process with clarity and precision.
Jones Intellectual Property also helps clients enforce their rights, whether that means responding to infringement or preparing for expansion into new markets.
Know Your Rights, Protect What’s Yours
If you’re a business owner, creator, or entrepreneur wondering how to protect what you’ve built, don’t guess. Whether you’re weighing trademark vs. copyright, need advice on registration, or want to enforce existing rights, it helps to talk to someone with experience.
At Jones Intellectual Property, it’s our mission to make reliable, cost-effective, and personalized legal guidance on intellectual property accessible for New Yorkers. To discuss your next steps, contact Michael Jones today.
