Do You Need a Trademark or a Copyright?

A trademark and a copyright protect different things. A trademark can protect brand identity—such as a business name, logo, or slogan—while copyright covers original artistic expression, such as a photograph, book, movie, painting, play, or website. The right questions depend on the brand, creative work, and business goals involved.

What is intellectual property?

Intellectual property is property that comes from the work of the mind. It can be owned as actual property once it has materialized in some way. An original thought alone does not create protection or ownership.

When does copyright apply?

Copyright covers original artistic works. It protects the way an idea is expressed, not the underlying idea itself.

Original artistic works are automatically protected once they are created. Registration can be necessary to bring a suit if someone else uses the work. Copyright support can address registration for original content, creative assets, and proprietary materials.

When does trademark apply?

Trademarks are about brand identity. A business name, logo, or slogan can be protected by a trademark. Trademark protection for marks comes from actual use in commerce.

Registration is not mandatory, but a registered trademark gives the public notice of ownership and exclusive rights connected to the goods or services in the application. The goal is to strengthen the connection between a mark and the business so that, when consumers see the name, logo, or slogan, they think of that business.

Trademark support can include a clearance search, application strategy, and filing for a brand name, logo, or slogan. The appropriate scope depends on the mark, the goods or services involved, search results, the work at issue, and the facts of the business. No attorney can guarantee that a trademark application will be approved or registered.

What about patents?

Patents protect inventions. They are highly technical and are generally divided into design patents and utility patents. If you have invented a new process or design, a patent attorney can help address those questions.

How can you start the protection conversation?

Before investing more in a name, logo, packaging, website, marketing, product development, or a public launch, it can be helpful to identify the brand and creative assets the business is building. Pamela Rosario Law helps founders understand what they are building around and make practical decisions about protection.

This article is for general informational purposes only. It is not legal advice and should not be relied on as legal advice.