Trademark vs copyright

The two rights protect different things, and for most assets only one of them applies. Here is the answer for each kind of work, with what it costs and how long it lasts.

Trademark vs copyright for a logo

A logo can be protected by both copyright and trademark, and they cover different things. Here is which one applies to your logo, what each costs, and why a plain wordmark gets no copyright at all.

Trademark vs copyright for a slogan

Slogans cannot be copyrighted — short phrases are excluded by rule. Trademark is the only route, and only if the slogan identifies your brand rather than merely describing what you sell.

Trademark vs copyright for a brand name

A brand name can never be copyrighted. Trademark is the only protection, it comes from use in commerce, and it is limited to the goods and services you actually sell.

Trademark vs copyright for a product design

Product designs sit awkwardly between copyright, trade dress and design patents. Here is what each covers, why useful articles are largely excluded from copyright, and which route usually applies.

Trademark vs copyright for an app

An app involves several kinds of IP at once: copyright in the code and graphics, trademark in the name and icon, and nothing at all in the idea. Here is what covers what.

Trademark vs copyright for a fictional character

Characters can be protected by copyright if they are sufficiently distinctive, and by trademark once they identify a source. Here is the test courts apply and why the two rights expire very differently.

Trademark vs copyright for a font

In the US a typeface design cannot be copyrighted, but the font software can. Trademark covers the font name. Here is the distinction that decides every font licensing dispute.

Trademark vs copyright for packaging design

Packaging is protected by copyright in its artwork and by trade dress in its overall look. Unlike product design, packaging trade dress can be inherently distinctive — which changes everything.

Trademark vs copyright for a website

A website involves copyright in its code, text and images, and trademark in its name and logo. Layout and "look and feel" sit in an awkward middle. Here is what is actually protected.

Trademark vs copyright for a book title

Book titles cannot be copyrighted, and the USPTO refuses to register the title of a single book. A title for a series is registrable. Here is the rule and what it means for authors.

Trademark vs copyright for a mascot

A mascot is a character and a brand at once, so copyright and trademark both apply. Here is which right covers the artwork, which covers the costume, and which one outlives the other.

Trademark vs copyright for source code

Source code is protected by copyright as a literary work, but not its functionality. Trademark covers only the product name. Here is what each covers and why trade secret often matters more.

Trademark vs copyright for an illustration

Illustrations are squarely copyrightable from the moment they are drawn. Trademark only applies if the illustration is used as a brand. Here is the difference and what illustrators should do.

Trademark vs copyright for a jingle

A jingle is two copyrighted works at once — the composition and the recording — and can also be registered as a sound mark. Here is how the three rights fit together.

Trademark vs copyright for a pattern

Surface patterns are copyrightable as two-dimensional artwork even when applied to useful articles. A pattern that identifies a brand can also be a trademark. Here is how both work.

Trademark vs copyright for a game

Game rules and mechanics cannot be copyrighted — only the expression around them. Trademark covers the title. Here is why clones are legal and what is actually protectable.

Trademark vs copyright for a domain name

A domain name cannot be copyrighted, and registering one gives you no trademark rights. Here is when a domain becomes a trademark, and how the UDRP and ACPA actually work.

Trademark vs copyright for a recipe

A list of ingredients cannot be copyrighted, but the writing around it can. Trademark covers the dish or brand name, and trade secret is what actually protects a valuable formula.

Trademark vs copyright for an idea

An idea cannot be copyrighted or trademarked. Copyright covers expression, not concepts, and trademark covers names. Here is what actually protects an idea, and what does not.

Trademark vs copyright for a T-shirt design

The artwork on a shirt is copyrightable; the shirt is not. A slogan across the chest is usually ornamental and unregistrable. Here is what protects a T-shirt design and what does not.

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