Copyright protects creative works such as books, songs and art; trademark protects names, logos and slogans that identify who sells a product, per the USPTO. Copyright exists once a work is fixed and usually lasts the author's life plus 70 years. Trademark rights come from use in commerce, and a federal registration renews every 10 years.
Copyright and trademark both protect things people make, so they are easy to mix up. They answer different questions. Copyright asks who created a work. Trademark asks whether customers can tell whose product they are buying. This guide belongs to our copyright basics section and starts with a side-by-side table, then explains each one and why a logo made with an AI tool may qualify for one kind of protection but not the other.
01Side by side
| Copyright | Trademark | Patent | |
|---|---|---|---|
| Protects | Original creative works: writing, music, art, photos, film, software code | Words, phrases, symbols or designs that identify the source of goods or services | New, useful inventions and processes |
| How you get it | Automatically, once the work is fixed in a tangible form | By using the mark in commerce; federal registration adds nationwide rights | Only by applying and being granted a patent |
| Who registers it | US Copyright Office (optional, but needed before suing over a US work) | US Patent and Trademark Office (optional) | US Patent and Trademark Office (required) |
| How long it lasts | For works made since 1978, the author's life plus 70 years | As long as the mark is used and registrations are maintained | Generally 20 years from filing |
| Example | The lyrics of a song | A soft drink brand name | A new engine design |
| AI-made material | Material generated by AI without human authorship is not registered | No human authorship test; the question is whether the mark identifies a source | Separate inventorship rules apply, not covered on this page |
The USPTO page comparing trademark, patent and copyright uses similar examples: a soft drink name for trademark, a hybrid engine for patent, and song lyrics for copyright.
02What copyright covers
Copyright protects original works of authorship as soon as they are fixed: written down, recorded, saved or drawn. A blog post, a phone photo or a sketch in a notebook is protected the moment it exists. You do not need a notice or a registration for protection to begin.
Copyright gives the owner exclusive rights to copy, distribute, adapt, perform and display the work. It does not protect ideas, facts, systems or short phrases. A recipe's list of ingredients, a business method or a book's plot idea can be reused; the specific words and images someone used to express them cannot be copied wholesale.
Under 17 U.S.C. 302, copyright in a work created on or after January 1, 1978 lasts for the author's life plus 70 years. Works made for hire, and anonymous works, have different terms. The public can use the work freely once the term runs out.
Copyright has its own limits for commentary, teaching and parody. Our guide to the four fair use factors explains them.
03What trademark covers
A trademark is anything that tells customers where a product or service comes from: a brand name, a logo, a slogan, even a sound or a color in some cases. Its job is to prevent confusion in the marketplace.
Trademark rights start when you use the mark to sell goods or services. Those rights are limited to the area where you trade. Registering with the US Patent and Trademark Office gives nationwide rights and the right to use the ® symbol. Before registration, businesses can use "TM" for goods or "SM" for services.
Trademark protection does not give you ownership of a word in general. It covers the word or logo only for your kind of goods or services. A bakery called Summit does not stop a hiking gear company from using the same name.
A registration can last indefinitely, but only if the owner keeps using the mark and files maintenance documents. The USPTO maintenance schedule requires a declaration of use between the 5th and 6th years after registration, and a renewal between the 9th and 10th years, then every 10 years after that.
04Where patents fit
Patents protect inventions: machines, processes, chemical compositions and some designs. Unlike copyright, a patent does not arise automatically. You must apply, and the USPTO examines whether the invention is new, useful and not obvious.
Under 35 U.S.C. 154, a utility patent generally lasts 20 years from the date the application was filed. After that the invention enters the public domain. Patents rarely come up for writers and artists, but product makers often need all three kinds of protection at once: a patent for the device, a trademark for the brand, and copyright for the manual and packaging art.
05AI-made logos and brand names
Many small businesses now create logos with AI image tools. This is where copyright and trademark split most clearly.
Copyright: the human authorship rule
In its registration guidance published in the Federal Register on March 16, 2023, the US Copyright Office said it will not register material that an AI system generated on its own, because copyright requires human authorship. A logo produced straight from a text prompt is likely to have little or no copyright protection. If a designer substantially edited or redrew it, the human-made parts may be protected. Our page on whether AI-generated content can be copyrighted explains the line.
Trademark: does it identify you?
Trademark law looks at what the logo does, not who drew it. If customers see the logo and recognize your business, it can work as a trademark once you use it in commerce. That means an AI-made logo can often be protected as a brand mark even when nobody holds copyright in the image.
Three practical risks
- Look-alike output. AI tools can produce designs close to existing logos. Search the USPTO trademark database before you adopt one.
- Weak copyright. Without copyright, you may have fewer tools to stop someone copying the image in a non-brand use, such as on unrelated merchandise.
- Tool terms. The tool's terms of use decide what the tool company claims. Our page on who owns AI-generated content covers contracts versus copyright.
06Which one do you need?
- You wrote a book, recorded a song, or took photos: copyright protects it automatically. Registration helps if you ever need to enforce it.
- You are naming a business, product or channel: trademark. Search for conflicts first, then consider federal registration.
- You built a new device or process: patent, and you should talk to a registered patent attorney or agent before you disclose it publicly.
- You made a logo: trademark for the brand use, and copyright for any human-created artwork in it.
For a business decision with real money behind it, talk to a lawyer licensed where you live.
Teachers weighing whether to reuse a logo or a chart in class can find the classroom rules in what teachers need to know about copyright.
Sources
- Trademark, patent, or copyright
US Patent and Trademark Office · 30 October 2026 - Maintaining your registration
US Patent and Trademark Office · 30 October 2026 - 17 U.S.C. 302, Duration of copyright: Works created on or after January 1, 1978
Legal Information Institute, Cornell Law School · 30 October 2026 - Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence (88 FR 16190)
Federal Register, US Copyright Office · 16 March 2023
How we pick and check these: our editorial method.
08Questions people ask
Can something be protected by both copyright and trademark?
Yes. A drawn logo can be a copyrighted artwork and a trademark at the same time. A cartoon character can be copyrighted as art and trademarked as a brand on merchandise.
Can I copyright a business name or slogan?
No. Copyright does not protect names, titles or short phrases. Business names and slogans are protected, if at all, through trademark law based on how they are used in commerce.
Do I need a lawyer to register a trademark?
US-based applicants are not required to hire one, though many do. Applicants domiciled outside the United States must use a US-licensed attorney to file with the USPTO.
What does the ® symbol mean compared with TM?
The ® symbol may be used only after the USPTO registers the mark, and only for the listed goods or services. TM and SM can be used by anyone claiming a mark, registered or not.