Short answer
Copyright protects original expression fixed in a tangible form, such as writing, art or software code. Trademark protects identifiers that tell customers the source of goods or services, such as a brand name or logo used commercially. A designed logo can sometimes involve both rights: its artwork may be copyrighted while the sign functions as a trademark. 1 2 3
Different rights may apply to different aspects of the same business or product: expression versus source identification.
On this page
At a glance
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| Question | Copyright | Trademark |
|---|---|---|
| Focus | Original expression | Source-identifying sign |
| Typical example | Book text or illustration | Brand name on goods |
| US starting point | Generally arises on fixation | Rights generally arise through qualifying use in commerce |
The table summarizes the cited definitions and the article’s stated scope. 1 2 3
What each thing is
Copyright. US legal protection for original works of authorship fixed in a tangible medium of expression. 1
Trademark. A word, symbol, design or similar identifier that distinguishes the source of goods or services in commerce. 2
Key differences
A name or short slogan is not protected by copyright merely for being a name; trademark law may protect its use as a brand. Copyright does not protect an abstract idea, while trademark does not grant ownership of a word for every use. The rights ask different questions about authorship and consumer source. 1 2 3
Copyright asks whether a qualifying original expression has been copied or otherwise used within the protected rights. Trademark asks whether a sign functions to identify a commercial source and how its use relates to goods or services. That is why the same graphic can raise distinct questions about artwork and branding. 1 2 3
How to tell them apart
Ask what someone is copying. If it is the creative expression in a photograph or paragraph, copyright is the starting category. If it is a brand sign that could confuse buyers about commercial origin, think trademark. For a logo, examine both layers. 1 2 3
Where they overlap
Both are intellectual-property systems and can cover related material in one product. A graphic logo can be an original artwork and a source-identifying symbol. 1 2 3
Edge cases
A copyrighted design is not automatically a trademark; it must function as a source identifier in the relevant context. A trademark registration is not the same as copyright registration. Jurisdiction, use and facts matter for a particular dispute. 1 2 3
Ownership of copyright in a logo drawing does not automatically prove trademark rights in every industry. Conversely, trademark use of a short name does not create copyright in the name. The exact scope of each right depends on the work, commercial use and applicable US law. 1 2 3
Why the distinction exists
The law separates incentives to create expression from protection of marketplace source signals. Different subject matter and tests follow from those purposes. 1 2 3
Common misconceptions
“I copyrighted my brand name” is usually the wrong legal description in the US. Names themselves are generally outside copyright protection. 1 2 3
Examples
An author’s novel text can be copyrighted. The publisher’s distinctive imprint name used on books can be a trademark. The cover art may carry its own copyright as well. 1 2 3
Sources
Sources checked October 3, 2026.
- U.S. Copyright Office — What is Copyright?. What does copyright protect?; When is my work protected?.
- U.S. Patent and Trademark Office — Trademark, patent, or copyright. Comparison.
- U.S. Copyright Office — What Does Copyright Protect?. FAQ on names and website content.