Trademark vs. Copyright: What’s the Difference?

If you’re starting a business, creating content, or developing a product, you’ve probably heard the terms “trademark” and “copyright” thrown around. While both are types of intellectual property (IP) protection, they serve very different purposes. And understanding the difference is key to protecting your work—and avoiding legal headaches down the road.

Let’s break it down in plain English (with real-life examples ).

What is a Trademark?

A trademark protects brand identifiers—the names, logos, slogans, or symbols that distinguish your business from others.

Think of it as protecting what customers recognize you by.

Trademark Examples:

  • Nike’s “swoosh” logo

  • The word “Google” for search engines

  • McDonald’s “I’m Lovin’ It” slogan

Trademarks help prevent competitors from using something confusingly similar to your brand. You don’t want someone opening a burger shop called “McDowell’s” with golden arches, right?

Who should register a trademark?

Anyone running a business that wants to:

  • Protect their brand identity

  • Stop copycats

  • Build long-term brand value

What is Copyright?

Copyright protects original creative works like writing, music, art, videos, photography, and software code.

It gives the creator the exclusive right to use, copy, distribute, and profit from their work.

Copyright Examples:

  • A song by Taylor Swift

  • A photo you took and posted on Instagram

  • A blog post, book, movie script, or YouTube video

  • Source code for an app or website

Copyright protection automatically exists once the work is created and fixed in a tangible form (like saved to a hard drive), but registering it with the U.S. Copyright Office gives you stronger legal protection.

Trademark vs. Copyright: Quick Comparison

FeatureTrademarkCopyrightProtectsBrand elements (names, logos)Creative works (music, art, text)PurposeIdentify the source of goods/servicesProtect original expressionAutomatic?No – must be registered (or have common law use)Yes – exists upon creationRegistrationUSPTO (U.S. Patent & Trademark Office)U.S. Copyright OfficeDurationIndefinitely (if renewed)Life of the creator + 70 years

Common Confusion: Can You Have Both?

Yes! A single product can be protected by both trademark and copyright, depending on the elements.

Example:

You create a logo for your new clothing brand.

  • The design/artwork of the logo is protected by copyright.

  • The logo as a brand identifier can be protected by trademark.

Same image, two different types of protection—working together.

Why It Matters

If you’re building a brand or creating content, understanding the difference between copyright and trademark isn’t just “legal stuff”—it’s about protecting your work, your reputation, and your future earnings.

Whether you’re launching a business, publishing art, or writing music, you don’t want to leave your intellectual property unprotected.

Need Help Protecting Your Brand or Creative Work?

At Borderless Counsel, we help creators and business owners protect what they’ve built—whether it’s through trademark registration, copyright filings, or strategic IP advice.

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