Copyright, trademark, and patent are three different kinds of intellectual property protection. They protect different things, are granted by different offices, and last for different lengths of time. Picking the right one starts with knowing what you actually want to protect.
Copyright: creative works
Copyright protects original works of authorship: writing, photography, music, art, film, software, and similar creative output. It arises automatically when the work is fixed in a tangible form, and registration with the U.S. Copyright Office unlocks the right to sue and to recover statutory damages. Copyright protects the expression of an idea, not the idea itself.
Trademark: brand identifiers
A trademark protects words, names, logos, slogans, and other identifiers that distinguish the source of goods or services. Think brand names and logos. Trademarks are registered with the U.S. Patent and Trademark Office (USPTO) and can last indefinitely as long as they remain in use. If you want to protect a business name or logo as a brand, that is trademark territory, not copyright.
Patent: inventions
A patent protects new and useful inventions, processes, machines, and certain designs. Patents are also granted by the USPTO, require a detailed examination, and generally last 20 years from filing for utility patents. Patents protect how something works or is made, which copyright and trademark do not.
Where they overlap
A single product can involve all three. A video game, for example, might have copyright in its code, art, and music; a trademark in its title and logo; and a patent in a novel piece of hardware or a unique technical process. A logo can carry both a copyright (in the original artwork) and a trademark (in its use as a brand identifier). See our guide on what can and cannot be copyrighted.
Which one do you need?
- Wrote a book, took a photo, recorded a song, or built software? That is copyright.
- Naming a company or designing a brand logo? That is trademark.
- Invented a device, process, or method? That is patent.
If your work is creative output, copyright registration is the right, affordable first step, and it is the one we handle.
Ready to register? FastCopyrightFiling.com prepares and files your copyright registration with the U.S. Copyright Office, government fees included, and files within 2-3 business days. Start your registration or see pricing.