Comparison

Copyright vs trademark

Copyright protects original creative work: text, photos, music, code. A trademark protects names, logos and slogans that show who sells something. Copyright stops copying; trademark law stops confusing use.

Published

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.

CopyrightTrademark
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?

AssetCopyright?Trademark?
A logoYes, if the artwork has enough original authorship. A plain word in a standard font doesn'tYes, if used to identify your goods or services
A brand or company nameNoYes, if used as a brand and not merely descriptive
A slogan or taglineNo, short phrases are excludedPossibly, if customers see it as pointing to you
The title of one book, film or songNo, titles are excludedNo, the USPTO refuses titles of a single creative work
The title of a seriesNoPossibly, with evidence it is used across at least two works
Website text, product photos, product descriptionsYes, if originalNo, unless a specific element works as a brand
A domain nameNoThe 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:

What is being misused?

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.
How to report copyright infringement

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.
Brand protection routes

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.
Takedown notice template

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

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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