The short answer
Copyright
- Protects original works of authorship: writing, images, music, film, software, architecture
- Exists automatically once the work is created and fixed in a tangible form
- Infringed when protected expression is copied and the result is substantially similar
Trademark
- Protects words, phrases, symbols or designs that identify whose goods or services they are
- Earned by using the mark in trade (limited, local rights); registration gives nationwide rights
- Infringed when a use is likely to confuse customers about the source. Famous marks are also protected against dilution
Copyright vs trademark, side by side
US law, where most online complaints are filed. UK notes are at the end.
| Copyright | Trademark | |
|---|---|---|
| Doesn't protect | Ideas, facts, methods, and names, titles, slogans or short phrases | Creative content as such; a mark only protects its role as a brand |
| Where you register (US) | US Copyright Office (Library of Congress). Optional, but needed before suing over a US work | US Patent and Trademark Office (USPTO). Optional, but gives broader rights |
| Official fee (US, online) | $45 (Single Application) or $65 (Standard Application) | $350 per class of goods or services, plus any additional fees |
| How long it lasts | Author's life plus 70 years. Works made for hire: 95 years from publication or 120 from creation, whichever ends first | As long as the mark is used and maintained. A US registration needs a declaration of use in years 5–6 and renewal every 10 years |
| Symbol | © (optional since 1 March 1989) | ™ or ℠ for any claimed mark; ® only once registered, and only for the listed goods or services |
| Typical remedies | Injunction; actual damages and profits, or statutory damages of $750–$30,000 per work (up to $150,000 if wilful) | Injunction; the infringer's profits, damages (up to three times), costs. Counterfeits: $1,000–$200,000 per mark per type of goods (up to $2,000,000 if wilful) |
| Online takedown route | DMCA takedown notice to the host, platform or Google | The platform's own trademark complaint form; there is no DMCA equivalent |
| If you are wrongly targeted | Statutory DMCA counter-notice (17 U.S.C. § 512(g)) | Whatever appeal process the platform offers |
Official filing fees at the time of writing, from the Copyright Office fee list and the USPTO. Lawyers' fees are extra.
When both apply: logos, names, slogans and titles
Ask: is it creative expression (copyright), a sign customers use to recognise a business (trademark), or both?
| Asset | Copyright? | Trademark? |
|---|---|---|
| A logo | Yes, if the artwork has enough original authorship. A plain word in a standard font doesn't | Yes, if used to identify your goods or services |
| A brand or company name | No | Yes, if used as a brand and not merely descriptive |
| A slogan or tagline | No, short phrases are excluded | Possibly, if customers see it as pointing to you |
| The title of one book, film or song | No, titles are excluded | No, the USPTO refuses titles of a single creative work |
| The title of a series | No | Possibly, with evidence it is used across at least two works |
| Website text, product photos, product descriptions | Yes, if original | No, unless a specific element works as a brand |
| A domain name | No | The domain itself isn't a trademark, but the name in it may be |
Where patents fit
Patents protect inventions: how something works, not how it looks or what it's called. A US utility patent generally lasts 20 years from filing; a design patent, for a product's ornamental appearance, 15 years from grant. Unlike copyright, no rights exist until the USPTO examines an application. For a website, patents rarely come up, and then usually as a marketplace complaint about a product listing.
How this decides which complaint you file or receive
The DMCA's notice-and-takedown system covers copyright only: § 512 protects services from liability for "infringement of copyright" (how the DMCA works). Trademark complaints run through each platform's own process. So a competitor's shop using your logo, brand name and product photos can be up to three problems, each with its own route:
UseA DMCA notice to the host, platform or Google
- Result
- The copy comes down, or drops out of Google Search. Fits copied text, photos and product descriptions, and reuploaded video, music or software.
- Won’t
- Cover names, titles or slogans. Copyright doesn't protect them.
- Good to know
- Copyright removal requests sent to Google Search are published in its Transparency Report. Trademark disputes are not.
UseThe platform's own trademark complaint form
- Result
- The platform reviews pages or accounts passing off as you, counterfeits carrying your logo, and ads or listings that confuse buyers.
- Won’t
- Offer a statutory counter-notice. If your content is removed, you have the platform's appeal or a direct conversation with the complainant.
- Good to know
- YouTube has a separate trademark form, says it “doesn't mediate trademark disputes” and removes only in clear cases. Meta has its own form too.
UseEither route, whichever fits the platform
- Result
- A DMCA notice works where the logo artwork itself is original and is copied as an image.
- Won’t
- Work as copyright for a plain word in a standard font. That is protected only as a trademark.
- Good to know
- A logo used to identify your goods or services is also a trademark, so the trademark form is open to you too.
Filing everything as a DMCA notice is a common mistake. A notice claiming copyright in a name is defective, and the other side is entitled to point that out. Check what counts as copyright infringement first.
Common mistakes
- "I'll copyright my business name." You can't. Names, titles and slogans are trademark territory.
- "I've applied, so I can use ®." No. ® is for registered marks only; use ™ while pending.
- "I need to register to use ©." No. Copyright is automatic and the notice optional. See how to write a copyright notice.
- "My company registration protects my brand." Registering a company or domain name is not a trademark registration.
- "Mailing myself a copy registers my copyright." It doesn't. See poor man's copyright.
FAQs
What is the main difference between copyright and trademark?
Copyright protects original creative work, such as writing, images, music and code, against copying. A trademark protects a name, logo or other sign that identifies who sells goods or services, against confusing use by others.
Can a logo be both copyrighted and trademarked?
Yes. The artwork can be protected by copyright if it has enough original authorship, and the logo is protected as a trademark once used in trade. A simple word in a standard font is usually protected only as a trademark.
Should I copyright or trademark my brand name?
Trademark. Copyright does not protect names, titles, slogans or short phrases. Register trademarks with the USPTO in the US, or the Intellectual Property Office in the UK.
Can I send a DMCA notice for trademark infringement?
No. The DMCA's takedown process applies to copyright only, so use the platform's trademark complaint form. A DMCA notice that claims copyright in a name is defective.
Which lasts longer, copyright or trademark?
A trademark can last indefinitely while it is used and its registration maintained. US copyright generally lasts for the author's life plus 70 years, or 95 years from publication for works made for hire.
What do ©, ™ and ® mean?
© marks a copyright claim and is optional. ™ (or ℠ for services) marks a claimed trademark, registered or not. ® may be used only for a registered trademark, and only for the goods or services in the registration.
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