Copyright & Trademark

Know your options

• Copyright — creative works: Covers original writing, music, art, photos, video, and software. It’s automatic the moment you create the work — you don’t have to register. Registering with the U.S. Copyright Office (copyright.gov) adds the right to sue and claim bigger damages. Lasts your life + 70 years.
• Trademark — brands: Protects names, logos, and slogans that identify your goods or services. You get some rights just by using a mark in commerce (™); registering with the USPTO (®) gives nationwide protection. It can last forever if you keep using and renewing it.
• Patent — inventions: Protects how something new works — a device, process, or design. You must apply and be granted a patent through the USPTO. A utility patent lasts about 20 years; a design patent about 15.
• Which do you need?: A logo can be both trademarked (as a brand) and copyrighted (as art). A book is copyright; the author’s pen name or brand could be a trademark; a new gadget is a patent. Start with what you’re protecting: a work, a brand, or an invention.

Copyright is automatic. The moment you write, record, or draw something original, it’s protected — registration isn’t required, but it’s inexpensive and unlocks the ability to sue and recover statutory damages and attorney fees. Register at copyright.gov.

Trademarks protect brands. Using a name or logo in business gives you some common-law rights (the ™ symbol). Federal registration at the USPTO (the ® symbol) gives nationwide protection and is stronger in a dispute. Registration typically takes 12–18 months.

Patents protect inventions. Unlike copyright, there’s no automatic protection — you must file with the USPTO, and the process is technical and often needs a patent attorney. Utility patents last ~20 years; design patents ~15.

They can overlap. The same product can involve all three — a trademarked brand, a copyrighted design, and a patented mechanism.

USPTO — Trademark, Patent, or Copyright ↗