Trademark vs Copyright

Q: What is the difference between a trademark and copyright?

A trademark protects brand identifiers like names and logos, while copyright protects creative works like writing, music, and code.

Q: Do I need both a trademark and a copyright?

Yes, in many cases. For example, a business may trademark its name and logo while copyrighting its website content and designs.

Intellectual property (IP) comes in many forms, but two of the most common—and most confused—are trademarks and copyrights. While both protect creative or commercial assets, they serve very different purposes.

What Is a Trademark?

A trademark protects words, phrases, logos, or symbols that distinguish the source of goods or services.

Examples of Trademarks

Brand names (e.g., Nike)
Logos (e.g., the Nike swoosh)
Taglines (e.g., “Just Do It”)
Product packaging or distinctive shapes

How Long Does a Trademark Last?

A trademark can last indefinitely as long as it’s actively used in commerce and renewed regularly.

What Is Copyright?

Copyright protects original works of authorship, including:

Books, articles, and blogs
Music, film, and video content
Software code
Visual art and photography

How Long Does Copyright Last?

For individuals: Life of the author plus 70 years
For corporate works: 95 years from publication or 120 years from creation (whichever comes first)

Key Differences

Feature	Trademark	Copyright
What it protects	Brand identity	Creative expression
Examples	Logos, names, slogans	Books, music, videos, artwork
Duration	Indefinite (with use)	Life + 70 years (typical)
Registration agency (US)	USPTO	U.S. Copyright Office
Use requirement	Must be used in commerce	Automatically granted upon creation

Do I Need Both?

In many cases, yes. For example:

A musician might trademark their stage name and logo, and copyright their songs and album artwork.
A startup may trademark their app’s name and copyright the source code and marketing materials.