Starting a creative business or launching a new product can feel like navigating a maze of legal decisions. One question we hear all the time from our clients is: “Do I need a trademark, a copyright, or both?” It’s a great question, but the answer isn’t always straightforward, and honestly, the confusion is totally understandable. Both protect your intellectual property, but they work in completely different ways.
What’s the Difference Between Copyright and Trademark?
Think of copyright and trademark as two different types of shields for your creative work. Copyright protects your original creative works, so if you write a book, design graphics, or create course materials, copyright gives you the legal right to control how those works are used.
A trademark, on the other hand, protects your brand identity, including your business name, logo, products, and anything else that helps customers identify your business in the marketplace. When you trademark something, you’re claiming exclusive rights to use that brand element in your industry.
Here’s a simple way to remember it: copyright protects what you create, while trademark protects what makes your business recognizable.
When to Choose Copyright
Copyright makes sense when you want to protect the content of your creative work, and the beauty of copyright is that it’s automatic. As soon as you create something original and put it in a tangible form (like writing it down, saving it to your computer, etc.), you technically own the copyright. However, registering your copyright gives you stronger legal protection and the ability to pursue damages if someone infringes on your work.
A client who developed an online course recently reached out to us, wondering if trademark or copyright protection was the right fit. After talking through her goals, we recommended that she trademark her course name (to protect her brand identity) and copyright her course materials (to protect the actual content she created within the course). This dual approach gave protection for both her brand and her intellectual property.
Copyright makes sense when you’re protecting:
- Course materials and educational content,
- Written content like blog posts, books, or guides,
- Original artwork, graphics, or photography,
- Website copy and marketing materials,
- Videos, podcasts, or other multimedia content, etc.
When to Choose Trademark
Trademark protection comes into play when you want to protect elements that identify your business in the marketplace. This can include your business name, logo, product names, taglines, and even unique colors associated with your brand.
Unlike copyright, trademark protection isn’t automatic. You need to actually use the mark in commerce and register it with the United States Patent and Trademark Office (USPTO) to get the strongest protection. The process is a bit more complex and time-consuming than copyright, but it’s crucial if you want to build a recognizable brand.
Trademark protection is essential for:
- Business names and product names,
- Logos and brand marks,
- Taglines and slogans,
- Unique packaging or design elements,
- Service names (like the name of your signature program or offering), etc.
Another thing to keep in mind is that just because you’ve registered your business as an LLC doesn’t mean you have trademark protection! We’ve seen clients get caught off-guard by this. Having an LLC gives you certain business protections, yes, but it doesn’t always prevent other businesses from using similar names or branding elements.
What to Expect with Copyrighting
The great thing about copyright is that the registration process is relatively simple and something most creatives can handle themselves. You file directly through the U.S. Copyright Office website, and the cost is usually around $65. Compared to trademarking, it’s much faster! On average, approvals can take about 3 months.
Because it’s affordable and fairly straightforward, copyright is often a good first step in protecting your work. We’ll be sharing a more detailed walkthrough of the application process in a future post, but for now, just know it’s one of the more accessible ways to safeguard your intellectual property.
What to Expect with Trademarking
Trademarking is a little different! While we always recommend working with a trademark or intellectual property attorney for this process, it’s important to understand what you’re getting into. The entire process typically takes around 8 months and involves multiple steps, including a thorough search of existing trademarks, filing the application, responding to any office actions from the USPTO, and navigating the publication period, where others can oppose your trademark.
The investment is significantly higher than copyright, too. From what we’ve seen in the current market, trademark attorneys typically charge between $1,800 and $3,000 for the entire process. While this might seem steep, it’s absolutely worth it when you consider the complexity of trademark law and the potential consequences of getting it wrong.
We’ve had clients receive cease-and-desist letters because they unknowingly infringed on existing trademarks. We once had a client who was in the middle of product production and had already completed her branding when another company launched under the same name. That company trademarked the name first and sold similar products. Because our client hadn’t launched yet, she didn’t have any common law protection, and she was forced to completely rebrand from scratch. It was an expensive, stressful detour that could have been avoided with trademark protection in place.
Final Thoughts
Protecting your creative work doesn’t have to be overwhelming, but it does require some planning. It not only secures what you’ve worked so hard to build, but also gives you the confidence to grow without fear of someone else taking credit for your creativity.
And if both apply, do both! It’s an investment in the future of your business, but also your peace of mind.
For more insights on building a brand that lasts, we’d love to have you follow along with us on Instagram and Pinterest. We share more stories, tips, and behind-the-scenes looks at the design and business world there. 😊
Disclaimer: This post is for information purposes only and does not constitute legal advice. Please consult with an attorney for guidance specific to your situation!
