If you’ve created something valuable, like a logo, product name, or original content, it’s important to safeguard it from being copied or misused. But should you trademark it or copyright your intellectual property? And what’s the difference?
Trademarks and copyrights are both legal tools that give you enforceable rights over your intellectual property. They allow you to stop others from using your work without permission, and registration strengthens those rights even further. Understanding the distinction can help you protect your brand, your creative work, and your business.
What Is a Trademark?
A trademark (often referred to as a mark) protects words, symbols, phrases, or designs that distinguish the source of a product or service. These trademarkable assets include brand names, slogans, and logos, such as the Coca-Cola® name and script logo or the Apple® logo with a bite taken out of it.
According to the United States Patent and Trademark Office (USPTO), trademarks help consumers identify and differentiate one company’s goods or services from another’s.
Once registered, a trademark gives you the exclusive right to use that mark in connection with your goods or services. It also allows you to use the ® symbol (more on that below).
Get answers to more of your questions in our guide Trademark FAQs: What to Know Before You Apply.
What Is a Copyright?
A copyright protects original works of authorship, such as books, music, artwork, videos, and software. In the U.S., protection is automatic as soon as the work is fixed in a tangible form — for example, written down, recorded, or saved on a computer. This gives the creator exclusive rights to reproduce, distribute, display, perform, or license the work.
You don’t have to register a copyright to be protected, but registration offers additional legal advantages, especially if you need to take enforcement action. According to the U.S. Copyright Office, although registration is not a condition of copyright protection, it is often necessary before an infringement suit may be filed in court.
If your work is ever copied, registration can make the difference between protecting your rights and having no legal recourse. It’s smart to take this step early with guidance from professionals who understand the process.
To learn more, check out The Basics of Copyright Law: How to Protect Your Creative Work.
Which One Do You Need?
It depends on what you’ve created:
- If you’re protecting a brand identity (like a product name, logo, or tagline), a trademark is likely the right choice.
- If you’re protecting creative work (like a photo, painting, video, or article), you’ll want copyright protection.
Sometimes, both may apply. For example, a logo could be protected under both trademark and copyright law; the design may be copyrighted as original artwork, and the mark may be registered as a trademark representing your business.
What Do the Symbols ™, ®, and © Mean?
You’ve probably seen these symbols, but here’s what each one actually means.
™ – Stands for trademark
You can use this symbol even if your trademark isn’t registered with the USPTO. It indicates you’re claiming rights to the brand name, slogan, or logo — but without registration, your legal protection is limited.
® – Stands for registered trademark
This symbol can only be used once your trademark is officially registered with the U.S. Patent and Trademark Office. Registration gives you nationwide rights, makes enforcement easier, and allows you to pursue damages in infringement cases.
© – Stands for copyright
This symbol indicates that a creative work, such as a book, photograph, or song, is protected under copyright law. Copyright protection is automatic as soon as the work is fixed in a tangible form, but registration strengthens your ability to enforce those rights in court. Registration doesn’t change the symbol. You’ll still use ©, but it does make your rights stronger and easier to enforce.
Using these symbols correctly not only signals that you’re asserting ownership, but also puts others on notice that your brand or creative work is legally protected, and that unauthorized use could lead to legal consequences.
Need Help Protecting Your Work?
Determining the right type of protection — and registering it properly — can be tricky. If you’re unsure whether you need a trademark, copyright, or both, get in touch with Larson & Larson.
As experienced intellectual property attorneys, we help clients throughout Tampa Bay protect their ideas, brands, and creative work. Whether you’re launching a business, publishing a book, or defending your rights, our team can help you choose the right path forward.
📞 Call us at (727) 546-0660 to get started.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
