Is it better to trademark or copyright?
Asked by: Dr. Ferne Jones MD | Last update: February 2, 2026Score: 4.2/5 (35 votes)
Neither copyright nor trademark is inherently "better"; they protect different things: trademarks protect brand identifiers (names, logos, slogans) in commerce to prevent consumer confusion, while copyrights protect original creative expressions (books, music, art) from unauthorized copying. For full brand protection, especially for logos, you often need both: a trademark for branding and a copyright for the artistic design itself, offering comprehensive defense for your intellectual property.
Is it better to trademark or copyright a name?
You should trademark your business name, slogan, or logo to protect your brand identity and prevent customer confusion, as copyrights don't protect short phrases or brand elements, only original creative works like books or music; trademarking offers potentially indefinite protection for your brand, unlike copyright, which eventually expires. For logos, you often need both: trademarking protects the brand use, while copyright protects the artistic expression, so you might need a separate copyright for the logo's design itself.
Should you trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Copyright vs Trademark 101
Do you have to renew a copyright every year?
Do I have to renew my copyright? No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.
What are the 5 key elements of copyright?
This overview will introduce you to copyright through five key concepts: Work, Ownership, Infringement, Exceptions, and Balance.
How much does it cost to trademark my logo?
Trademarking a logo costs at least $350 for basic government filing fees per class of goods/services, but total costs often range from a few hundred to several thousand dollars, including optional trademark searches (hundreds of dollars) and using an attorney (adding $500-$1,000+), with recurring fees for maintenance. The core USPTO filing fee is $350 per class using the online TEAS system, but a professional search and legal help significantly increase the price.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
Does an LLC protect your logo?
However, forming an LLC does not protect your brand name, logo, or slogan on a national level. What Does a Trademark Protect? A trademark protects your business name, logo, slogan, or other brand identifiers from being used by someone else.
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What do you call yourself if you own an LLC?
If you own an LLC, you are legally called a Member, but you can use various public-facing titles like Owner, Managing Member, CEO, President, or Founder, depending on your role, state rules, and desired image, as long as it's not misleading and aligns with your operating agreement.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
What are the three things not protected by copyright?
Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description, explanation, or illustration or as a database of facts.
Who owns the Swoosh logo?
The Swoosh is the logo of American sportswear designer and retailer Nike. It is one of the most recognizable brand logos in the world, and the most valuable. As of 2025 the Nike brand was worth $90 billion.
How much does it cost to have a logo printed on a shirt?
Putting a logo on a shirt costs anywhere from $4 to $30+ per shirt, depending heavily on quantity (bulk orders are cheaper per shirt), printing method (DTG, screen print, vinyl), shirt quality, and design complexity, with single shirts often $20-$30 and large orders dropping to $5-$10 each, or even less in massive bulk.
How can I check if a logo is copyrighted?
Go to the USPTO website: www.uspto.gov. Click on the Search Trademarks link to access TESS. Choose the Basic Word Mark Search or the Design Search Code Manual for logos.
Should I get a trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What are the three rules of copyright?
Three key aspects of U.S. copyright law include the exclusive rights granted to creators (reproduction, adaptation, distribution, performance, display), the requirement for a work to be original, creative, and fixed for protection, and the duration of copyright, typically the life of the author plus 70 years. These laws, primarily found in Title 17 of the U.S. Code, protect original expressions like books, music, software, and art.
What is a copyright checklist?
The fair use checklist is a tool to assist you in making a reasoned and balanced application of the four fair use factors in determining whether a given use of a work is a fair use. The checklist outlines various factual circumstances that are important to the evaluation of a contemplated fair use.
Can I use the copyright symbol without registering?
In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.