Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide
Short answer: A trademark protects the names, logos, and slogans that identify your brand. A copyright protects original creative work like writing, photos, music, and software code. A patent protects inventions — new products, processes, and designs. Most businesses need a trademark first, because the brand is what customers use to find and choose you.
What does a trademark protect?
A trademark protects anything that tells customers who a product or service comes from: a business name, product name, logo, slogan, and in some cases a sound, color, or package design. It stops competitors from using a name or logo similar enough to confuse customers. See what can be trademarked for the full range.
Trademark rights come from use, but a federal registration with the USPTO gives you nationwide priority, the right to use the ® symbol, and a much stronger position if you ever need to enforce your rights.
What does a copyright protect?
A copyright protects original works of authorship as soon as they are fixed in a tangible form — website copy, blog posts, photographs, artwork, videos, music, and software code. It protects the expression, not the underlying idea. Copyright does not protect names, titles, or short slogans; those are trademark territory.
Registration with the U.S. Copyright Office is optional for protection to exist, but for U.S. works you generally need a registration before you can sue for infringement.
What does a patent protect?
A patent protects inventions. A utility patent covers how something works — a new device, machine, process, or composition — and generally lasts 20 years from filing. A design patent covers how a product looks and lasts 15 years from grant. Unlike trademarks and copyrights, patent protection only exists once the USPTO grants it.
Side-by-side comparison
| Trademark | Copyright | Patent | |
|---|---|---|---|
| Protects | Brand names, logos, slogans | Creative works, content, code | Inventions and product designs |
| Example | Your company name | Your website copy and photos | A new tool you invented |
| Rights begin | When you use the mark | When the work is created | When the patent issues |
| Registered with | USPTO | U.S. Copyright Office | USPTO |
| How long it lasts | Indefinitely, if used and maintained | Generally life of the author + 70 years | 20 years (utility) or 15 years (design) |
Can one product be protected by all three?
Yes, and many are. Take a new kitchen gadget: the product name and logo are trademarks, the instruction manual and packaging artwork are copyrighted, and the mechanism itself may be patentable. Each right covers a different piece, and each has its own filing process and costs.
Which one should a small business file first?
For most small businesses, the trademark comes first. Your name is on everything — signs, packaging, your website, and your social accounts — and losing it to someone who files first can force an expensive rebrand. Copyright protects you automatically while you decide whether to register, and patents only matter if you have actually invented something new.
Start with a trademark clearance search to make sure your name is available, then file a federal application. Our flat-fee pricing is published up front.
Frequently asked questions
Can I copyright my business name?
No. Copyright does not protect names, titles, or short phrases. Business names, product names, and slogans are protected by trademark law instead.
Can I trademark a logo and copyright it too?
Yes. A logo can be protected by trademark law as a brand identifier and by copyright law as an original piece of artwork. The trademark is usually the more important protection for a business.
Do I need a lawyer to file a trademark, copyright, or patent?
Not legally, but the rules differ for each. Trademark applications are frequently refused for issues a trademark attorney would catch, and patent applications are complex enough that most inventors use a registered patent attorney.
Which lasts longest: a trademark, copyright, or patent?
A trademark. It can last indefinitely as long as you keep using it and file the required maintenance documents. Copyrights and patents expire after a fixed term.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.