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Trademark vs Copyright: How to Protect Your Brand Idea

Stop saying “I want to copyright my business name.” You can’t. That’s not how the law works. Here is the simple guide to knowing which protection you actually need so you don’t waste money filing the wrong forms.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 5 min read · LEGAL › IP
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Quick Summary (TL;DR)

  • Trademark (™ / ®): Protects your Brand Identity. Use this for your company name, slogan, or logo so competitors can’t steal your customers.
  • Copyright (©): Protects your Creative Work. Use this for your book, song, software code, or painting so people can’t copy your art.
  • The Rule: You Trademark a Name. You Copyright a Book. You Patent an Invention.

The “Big 3” IP Protections

Intellectual Property (IP) is like a fence around your ideas. But you need different fences for different things.

Feature Trademark (™) Copyright (©)
Protects Brand Identity Original Works
Examples “Nike”, “Just Do It” Harry Potter Books
Cost (DIY) $250 – $350 $45 – $65
Duration Forever* Life + 70 Years
*Maintenance Required
A Trademark can last forever, but you must prove you are still using it every 10 years. If you stop selling products under that name, you lose the trademark (“Abandonment”).
What Do You Have?
Company Name Trademark
e.g., “Coca-Cola”
Course / E-Book Copyright
e.g., Your written content
New Gadget Patent
e.g., A better mousetrap
SymbolMeaning
™Unregistered (Free)
®Registered (Official)

Deep Dive: Which One Do You Need?

1. Trademark (The Business Shield)

This prevents customer confusion. If I start a burger shop called “McDonald’s,” people will think I am the real McDonald’s. Trademark law stops me from doing that.
Do this if: You are launching a brand, a clothing line, or a software app name.

2. Copyright (The Artist Shield)

This prevents theft of expression. It applies automatically the moment you create something. You don’t technically have to register it to own it, but you must register it if you want to sue someone for money.
Do this if: You wrote a book, recorded a song, or took a photograph.

3. Patent (The Inventor Shield)

This is the hardest and most expensive ($10,000+). It protects how something works.
Do this if: You invented a new type of engine or a chemical formula. (Most people reading this do NOT need a patent).

Pro Tip: The “Poor Man’s Copyright” Myth

You might have heard: “Just mail a copy of your work to yourself and keep it sealed.”

Does it work? NO.

Mailing yourself an envelope proves nothing in court today. If your work is valuable, spend the $65 to register it officially with the U.S. Copyright Office. It is the only proof that holds up against a real lawsuit.

Frequently Asked Questions

Can I trademark a logo?
Yes. A logo can actually be BOTH. The artistic design is Copyrighted, but the logo’s use as a brand identifier is Trademarked. Usually, Trademarking is more valuable for businesses.
What is the difference between ™ and ®?
™ (TM): You can use this today for free. It just means “I claim this is my trademark.”
® (R): You can ONLY use this after the USPTO officially approves your registration (takes ~12 months). Using ® too early is illegal fraud.
Reader + Links
Audience
Founders • Creators • Authors
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