Guide
Trademark vs copyright (and patent): what each protects
A trademark protects your brand: the name, logo or slogan that tells customers whose product it is. Copyright protects creative work: writing, images, music, video and code, and it exists automatically once the work is made. A patent protects an invention. A business name needs a trademark, not a copyright.
Trademark, copyright and patent side by side
| Trademark | Copyright | Patent | |
|---|---|---|---|
| Protects | Brand identifiers: names, logos, slogans, sometimes sounds or colors | Original creative works: text, images, music, film, software code | Inventions: new, useful, non-obvious products and processes |
| Examples | The name NIKE, the swoosh, "Just Do It" | A novel, a photo, a song, a website's text, an app's code | A new engine design, a drug, a manufacturing method |
| How you get it | By using the mark in trade; registering adds nationwide rights | Automatically, the moment the work is created | Only by being granted a patent |
| U.S. office | USPTO | U.S. Copyright Office (Library of Congress) | USPTO |
| Government fee | $350 per class | $45 to $65 online for most works | Varies widely; usually far more with attorney fees |
| How long | As long as it is used and maintained | Author's life plus 70 years | Utility: 20 years from filing. Design: 15 years from grant |
| Symbol | ™ (any claim), ® (registered) | © | "Patent" or "Pat." with the number |
| Infringed by | A similar mark likely to confuse customers about who is behind the goods | Copying the protected expression | Making, using or selling the invention |
Copyright fees as of October 2026; higher fees are due from about mid-November 2026 (see what a copyright costs). Works made for hire are protected for 95 years from publication or 120 from creation, whichever ends first.
How much does a copyright cost?
Nothing, to have one: copyright exists as soon as a work is written down, recorded or saved. What costs money is registering it with the U.S. Copyright Office, which you need before you can sue over a U.S. work. Registering before an infringement starts, or within three months of publication, is also what makes statutory damages and attorney fees available.
| Copyright Office registration | Fee now | Proposed new fee |
|---|---|---|
| Single Application (online): one work, one author who is also the owner, not made for hire | $45 | $55 |
| Standard Application (online): every other single work | $65 | $85 |
| Paper application | $125 | $185 |
The Copyright Office sent its new fee schedule to Congress on 14 July 2026. By law it can apply the new fees 120 days later, around mid-November 2026, unless Congress passes a law against them. The Office's fee page shows what applies on the day you file. Group registrations (for example of photographs or unpublished works) have their own fees.
You cannot copyright a name, title or slogan, at any price. To protect a business or product name, you register it as a trademark: $350 per class at the USPTO. Full breakdown: how much it costs to trademark a name.
Your business or product name: trademark
Names, titles, short phrases and slogans cannot be copyrighted in the U.S., however original they are. A name is protected by trademark law: using it to sell goods or services gives you rights where you trade, and a USPTO registration extends them nationwide and lets you use ®. Before investing in a name, check whether it is already trademarked; then see how to trademark a name.
Your logo: both, and the copyright may not be yours
A logo's artwork can be protected by copyright, and the logo as a brand by trademark. The catch is ownership: if a freelancer or agency designed it, they own the copyright unless they sign it over to you in writing. Paying for the design is not enough, so get a written assignment before you build a brand on it.
For trademarks, the name alone is by far the most common filing. Of the 625,644 U.S. trademark applications filed in 2025, 75% were for words alone, in standard characters, which protects the name in any font or design; about 20% included a logo design. A logo is a separate application with its own fee. Check a logo against registered designs with the logo similarity search.
Books, songs, films and apps
The work itself is protected by copyright: the text of a book, the recording and composition of a song, the code of an app. The title is not. A single book's title generally cannot be registered as a trademark either, but the name of a series, a publisher, a band or an app used as a brand can be.
Slogans and catchphrases
Not copyright, because they are too short. A slogan can be a trademark if you use it to identify your goods or services, for example on packaging or in advertising, and not merely as a decorative message. A phrase printed large across the front of a T-shirt is often refused as ornamental.
Do you need a patent?
Only if you invented something: a new product, machine, chemical or process, or a new ornamental design for a product. Patents are granted only after examination, cost far more than a trademark, and expire. Most small brands need a trademark for the name and rely on automatic copyright for their content, and never need a patent.
One product, several protections
A soft drink shows how they fit together: the brand name and bottle shape are trademarks, the advertising jingle and artwork are copyrighted, a new bottling machine could be patented, and the recipe can be kept as a trade secret, which lasts as long as it stays secret.
Questions
Is it better to copyright or trademark?
They protect different things, so it is rarely a choice. A trademark protects your brand: the name, logo or slogan customers know you by. Copyright protects creative work: text, images, music, video, code. A business name needs a trademark; a book, photo or song is protected by copyright.
Do I copyright or trademark my business name?
Trademark it. Names, titles and short phrases cannot be copyrighted in the U.S., however original they are. A name is protected by trademark law, through use and, for nationwide rights, a USPTO registration.
Can a logo be copyrighted and trademarked?
Yes. The artwork can be protected by copyright and the logo as a brand by trademark. If a designer made it, the designer owns the copyright unless they sign it over to you in writing, so get a written assignment.
Do I need to register a copyright?
No, copyright exists automatically once a work is created. But in the U.S. you must register a U.S. work before suing over it, and registering early is what makes statutory damages and attorney fees available.
How long do trademarks and copyrights last?
A trademark lasts as long as it is used and its registration is maintained, potentially forever. Copyright lasts for the author's life plus 70 years; for works made for hire, 95 years from publication or 120 from creation, whichever ends first. A utility patent lasts 20 years from filing.
How much does it cost to copyright something?
Copyright itself is free: it exists once the work is created. Registering it with the U.S. Copyright Office costs $45 online for a single work by one author who owns it, $65 for other online applications and $125 on paper. Higher fees ($55, $85, $185) are due from about mid-November 2026.
Can I copyright a slogan or phrase?
No. Short phrases and slogans are not protected by copyright. A slogan used to identify your goods or services can be registered as a trademark.
General information, not legal advice. Copyright and patent questions are best put to an attorney who handles them. For the symbols: ™, ®, ℠ and © explained.