What’s the Difference Between a Trademark and a Copyright?
If you’re a business owner or content creator, you’ve probably wondered: what’s the difference between a trademark and a copyright?
It’s an easy mix-up. Both trademarks and copyrights protect intellectual property, both safeguard your work from being copied, and both are essential tools for protecting your brand.
But while they share the same goal — protection — trademarks and copyrights apply to very different types of assets. Understanding where each one applies (and where they sometimes overlap) is key to protecting the brand identity and creative work you’ve worked hard to build.
Let’s break down what trademarks and copyrights respectively protect, how they differ, and why you might need both to keep your business secure.
What Is a Trademark?
A trademark protects the elements that identify your brand in the marketplace — the things that make your business recognizable to consumers. Think of it as the legal protection for your brand identity.
A trademark can apply to:
Brand names or product names (like “Nike” or “Apple”)
Logos (the swoosh, the bitten apple)
Taglines or slogans (“Just Do It,” “Think Different”)
Distinctive colors or sounds (Tiffany Blue, the Netflix “tudum” sound)
When you trademark something, you’re securing the exclusive right to use that mark in connection with your goods or services. It prevents others in your industry from using confusingly similar names, logos, or phrases that could mislead your customers or dilute your brand.
For example, if a coffee shop owns the trademark to their brand name, “Moonlight Coffee Co.”, you can’t open a coffee shop down the street called “Moonlight Coffee” without risking an infringement claim from the original trademark owner.
Trademark protection is about identity. It ensures that when someone buys your product or hires your service, they know it’s really coming from you.
What Is a Copyright?
A copyright, on the other hand, protects original creative works of authorship. It’s what gives creators ownership over the things they’ve created — the words, visuals, music, or other original expressions that come from their mind.
Copyright law applies to things like:
Written content (books, blog posts, website copy)
Photography and video
Music and sound recordings
Artwork, illustrations, or designs
Online courses, digital products, or presentations
As soon as a creative work is produced in a tangible form — meaning it’s written down, recorded, or saved — it’s automatically protected by copyright law. However, registering your copyright with the U.S. Copyright Office provides additional legal benefits, including the ability to take formal legal action if someone uses your work without permission.
In short, copyright protection covers the substance of what you create, while trademark protection covers the source of that creation.
Where Trademarks and Copyrights Overlap
There are some situations where both trademark and copyright protections can apply to the same thing.
Take a logo, for example. Your logo is a visual design, which makes it eligible for copyright protection — but it’s also the symbol of your brand, which makes it eligible for trademark protection. In this case, both types of protection can be applied to one element.
Here’s another example: a podcast.
The name and logo of the podcast could be protected by trademark.
The episodes themselves (e.g., the recorded audio content) would be protected by copyright.
This overlap is actually quite common, especially for entrepreneurs and creators who operate online. Many businesses create original content (copyrighted) under a distinct brand name (trademarked). Both protections work hand-in-hand to build a legally secure foundation for your business and your creative work.
Why Both Matter for Entrepreneurs and Creators
In today’s digital world, protecting your intellectual property is non-negotiable. Between online sharing, AI-generated content, and lookalike brands popping up overnight, it’s easier than ever for others to copy, reuse, or profit from your work.
Here’s why both types of protection are so important for small business owners and creatives:
1. A trademark protects your brand’s reputation.
Without a registered trademark, someone else could use a similar name or logo and cause confusion in the market. Even worse, if they register the trademark before you do, you could be the one forced to rebrand.
2. A copyright protects your creative assets.
From blog posts to photography to course materials, your creative work is valuable property. Copyright ensures you control how that work is used, and that others can’t copy, distribute, or profit from it without your permission.
3. Together, they protect your long-term business growth.
Your brand and your creative assets are often your most valuable business assets. Trademark and copyright protections give you the legal rights to defend them, license them, or even sell them down the road as part of your brand’s overall value.
Common Misconceptions About Trademarks and Copyrights
Even the most experienced business owners can misunderstand how trademarks and copyrights actually work. Misconceptions about when protection applies and what it truly covers can leave your brand exposed in ways you might not expect.
Here are a few of the most common myths amongst entrepreneurs, and why they’re worth clearing up:
“I have an LLC, so my brand name is protected.” False. Registering your business with your state only prevents another business from using the same entity name in that state. It does not give you national trademark rights.
“My work is automatically protected, so I don’t need to register it.” While copyright protection does exist automatically, registration provides significant legal advantages — like the right to sue for infringement and claim statutory damages.
“Small businesses don’t need this level of protection.” Many founders think intellectual property issues only affect large corporations, but that’s far from true. In reality, small businesses and independent creators are often the most vulnerable because copycats recognize that they often lack the resources to fight infringement after the fact. The smartest move is to protect your assets before they’re at risk.
Understanding these distinctions isn’t just about avoiding confusion, it’s about protecting your business from preventable risk. When you have an understanding of how trademarks and copyrights actually work, you can make informed decisions that strengthen your brand’s foundation for the long run.
How to Know Which Protection You Need
If you’re unsure whether your brand elements or creative work qualify for trademark or copyright protection, here’s a quick way to tell:
Ask yourself…
Does this represent my brand? → You’re likely looking at a trademark.
Is this a piece of creative work I’ve produced? → You’re likely looking at a copyright.
In many cases, you’ll need both. A well-rounded intellectual property strategy covers every layer of what makes your business unique: your name, your visuals, and the original content that brings your brand to life.
That said, navigating the nuances of IP protection on your own can be challenging. The best way to determine what applies to your brand and ensure your assets are properly protected is to work with an experienced intellectual property attorney who can evaluate your specific needs and guide you through each step of the process.
Protecting Your Brand from Every Angle
At the end of the day, trademark and copyright protections are two sides of the same coin. One guards your brand identity, the other your creative expression — and together, they create a strong, legally secure foundation for your business.
Understanding the difference between them isn’t just about compliance; it’s about confidence. It’s about knowing that your work, your brand, and your vision are fully protected, so you can focus on what you do best: growing your business.
If you’re ready to make sure your intellectual property is protected from every angle, we’d love to help. At Mika Mooney Law, we work with entrepreneurs and creative professionals to secure their trademarks and copyrights so they can build lasting brands with confidence.
Click here to learn more about our brand protection services and book a free discovery call.
Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.
