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.
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 |
| Symbol | Meaning |
|---|---|
| ™ | 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.
Frequently Asked Questions
® (R): You can ONLY use this after the USPTO officially approves your registration (takes ~12 months). Using ® too early is illegal fraud.