In short
Copyright and trademark protect different things and are registered by different offices. Copyright covers original created works such as photographs and written text, while a trademark identifies the source of goods or services. The U.S. Copyright Office states that names, titles and slogans are not copyrightable, so a brand name is a trademark question.
The short answer
They protect different things. The USPTO's own comparison puts it this way: a trademark protects a word, phrase, design, or a combination that identifies your goods or services and distinguishes them from the goods or services of others. Copyright protects original works such as novels, music, movies, software code, photographs and paintings that exist in a tangible medium. (USPTO: Trademark, patent, or copyright)
They are also registered by different offices. The USPTO registers trademarks. The U.S. Copyright Office, part of the Library of Congress, registers copyrights.
If what you want to protect is the name customers search for, that is a trademark question.
Why you cannot copyright a brand name
This is the most common mix-up we see from new sellers and founders, and the Copyright Office is direct about it:
> "Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain an insufficient amount of authorship." — U.S. Copyright Office, Circular 33, Works Not Protected by Copyright
Its list of examples includes the name of a business or organization, the name of a product or service, a domain name or URL, and mottos, slogans or other short expressions. The same circular adds that under certain circumstances these may be protectable under federal or state trademark laws. (Circular 33)
That is why owning the domain is not owning the brand: a domain name is on the list of things copyright does not reach.
What each one is actually for
A useful way to separate them is to ask what a copier would be taking.
- Your product photos, listing text, packaging artwork and website copy are created works, which is copyright territory. Copying them is copying the expression.
- Your brand name and slogan are identifiers. What a copycat takes is the thing customers use to recognise you, which is a trademark question.
- A single logo can raise both: the artwork may be a created work, while its job on the product is to identify who made it. The two protections answer different questions and do not replace each other.
Rights without registration, and what registration adds
You do not have to register a trademark to have one. The USPTO says you become a trademark owner as soon as you start using it with your goods or services, but those rights are limited and apply only to the geographic area where you are providing them. Applying to register creates nationwide rights. (USPTO: What is a trademark?)
The USPTO also warns against a common assumption: having a trademark does not mean you own a word in general, only how it is used with your specific goods or services. A woodworking logo does not stop someone using a similar logo for unrelated goods.
If you are weighing whether to register at all, common-law rights are the term to read first.
A practical order of operations for a new brand
Decide what you are protecting before you spend anything. For most online sellers the name comes first, because it is on every listing and every ad.
Search before you commit. The trademark search planner walks through what to look for on the register. If someone else already holds a confusingly similar mark for related goods, no amount of copyright thinking will help.
Then file for the name. The step-by-step guide to trademarking a name covers the application, the classes and the government fee, which is paid to the USPTO. If you would like a second pair of eyes first, a free brand audit is a no-pressure place to start.
This is general information, not legal advice about your situation.
Frequently asked questions
No. The U.S. Copyright Office states that the name of a business or organization, along with product names, domain names and slogans, lacks the amount of authorship copyright requires. A business name may be protectable under trademark law instead.
Generally not. Circular 33 lists mottos, slogans and other short expressions among the things copyright does not cover, even if the phrase is novel or clever. Slogans can sometimes be protected as trademarks if they identify the source of goods or services.
They protect different things, so some brands use both. Product photos, written listings and original artwork are created works, while the brand name and slogan used to identify the goods are trademark matters. Whether you need to register either depends on what you want to protect.
Not as a brand identifier. A copyright covers a created work; it does not make the logo a registered trademark. The USPTO registers marks that identify the source of goods or services, and that is a separate application.
The USPTO registers trademarks. The U.S. Copyright Office registers copyrights. They are separate agencies with separate applications and fees.
No, you gain limited rights by using the mark with your goods or services, in the area where you operate. The USPTO notes that a federal registration provides broader, nationwide protection, which is why many owners choose to register.
No. My Trademark Vault is an independent service and is not affiliated with the USPTO or the U.S. Copyright Office. Any government filing fee is paid to the USPTO.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Trademark outcomes depend on the specific facts of each application.