The Difference Between TM And Copyright: How to Protect Your Business

As a business owner, you’re sharing your creativity and building a one-of-a-kind brand. So exciting!

But you might be worried about how to protect your work, especially in our crazy, digital world. (There are plenty of copycats out there!)

You've heard terms like “trademark” thrown around, but what’s the difference between TM and copyright? There are key differences between trademark (™) and copyright ©. Both are important legal tools for you to know about.

I'm Paige, a licensed attorney and founder of The Legal Paige, a contract template resource for creatives and service providers. As a lawyer, photographer, and business owner, I get it. I understand how important it is to protect your work (and your profits)!

I started a photography business while in law school. That’s when I discovered I could help entrepreneurs on the legal side. Since then, I’ve developed thousands of tools to help small business owners get legally legit in no time — without breaking into hives.

Here we’ll cover key differences between trademark (™) and copyright (©) and how they protect intellectual property—AKA all your hard work!

Whether you're a photographer, graphic designer, or online course creator, knowing the trademark and copyright difference helps safeguard your creative work.

Copyright vs. Trademark: What They Protect in Your Business

The first difference between trademark and copyright is the types of material they're meant to protect. Both involve intellectual property rights, but they cover different elements of your business. Let’s look at some examples.

A Copyright Protects Creative Works

Copyright is a legal protection for creators of many types of original works. It applies to creators like photographers, videographers, graphic designers, artists, writers, and more.

Examples of Copyrighted Material:

• Photographs
• Books
• Paintings
• Online Courses
• Songs
• Blogs

If you work with materials like these, you’ll want to consider copyright protection.

Trademark Protects Business Names, Brand Names, Sub-Brand Names, or Slogans

Different from copyright law, trademark law deals with unique symbols, words, phrases, designs, or combinations of those that are tied to a business. (Think the McDonalds® arches, the Amazon® arrow, the “Canon®” brand name, etc.)

For example, the brand name "Nike®” is protected by trademark law, while the brand’s commercial shoe photos would be protected by copyright law. This difference between TM and copyright is crucial for gaining legal protection.

Trademark law gives companies the exclusive right to use their trademarks. This deters other companies from using similar marks and confusing customers.

Examples of Trademarked Materials:

• Logos
• Business names
• Taglines
• Sounds
• Colors (this is rare but possible!)
• E-Course names/titles
• Hashtags
• Packaging design (registered as “trade dress”)

If you have a unique name for any of these items, we recommend registering for a federal trademark. This protects your brand’s name recognition. And trademark rights can last forever, as long as you’re using the mark in commerce.

Copyright vs. Trademark: How to Get Legally Legit

So now you know the difference between what trademarks and copyrights are used for.

Recap: A trademark relates to brand association, such as symbols, names, and slogans that identify goods and services. A copyright covers original works of authorship, such as literary, artistic, and musical creations.

But what steps do YOU need to protect your brand and work?

Copyrights and trademarks have different legal procedures and rules attached. Below are the different ways to register for TM and copyright protection.

Register Copyrights with the U.S. Copyright Office

We live in a digital world where it's easy for people to profit from your hard work. The good news is you have copyright ownership the minute you create a copyrightable work. The right automatically attaches to you as a person (or your company if your company creates it). This copyright generally lasts for the life of the author, plus 70 years.

For instance, when a photographer frames a shot and the camera captures an image, that photograph is a copyrightable work of art. However, it doesn't make sense to copyright every photo a photographer takes. A wedding photographer may take thousands during a single event. (Although you can register them as a bundle, it’s tedious, and probably not going to happen.) This is why common law protection exists.

However, registering your work with the U.S. Copyright Office is often still a good idea. Registering your copyrighted work makes sense if your work is getting lots of traction. Or if you've worked hours and hours to create, say, an online course. Once registered, you can attach the copyright symbol ©. This notifies others that they cannot and should not infringe on your work. (1)

Copyright infringement is when someone copies, distributes, or publicly displays your work without permission. For example, if another business uses your video footage in their advertisements without your consent. Or if someone reproduces your original course materials or presentations and shares them as their own. In these cases, it’s helpful to have your copyright registered with the U.S. Copyright Office.

Some benefits of registering a copyright are:

1. You create a public record of your copyright, making it easier to prove that you are the owner.
2. You can sue someone if they violate your copyright. If your work is not officially registered, you can’t file a copyright infringement claim in federal court.
3. You may receive a larger payout in a lawsuit where a person or company misuses your copyrighted work.

You can hire an attorney like us at Griffith Suazo Law to register your work for copyrights. Or if you’re a confident DIYer, you can follow these guidelines: “How to Register Your Copyrighted Material With the US Copyright Office”.

If you want to know more about copyrights, trademarks, and how to register them catch my YouTube video explanation here: “If a Brand STEALS Your Content, Here’s What You Can Do”

Pro Legal Tip: Give Clients NOTICE of Your Copyrights

Besides registering your work with the U.S. Copyright Office, at The Legal Paige, we recommend notifying your clients of your copyrights. This discourages them from inappropriately copying, recreating, or commercially selling your work to others.

You can do this through your client contract. Using a copyright clause notifies clients that you own the copyrights to all the materials you create or deliver. You can also notify people of your copyrights on your website in your terms and conditions section (such as in this Website Terms & Conditions + Privacy Policy template).

When you clearly state who owns the copyright to your work, you can establish a healthier client relationship and avoid potential disputes.

We have hundreds of client contract templates specific to different industries here at thelegalpaige.com.

Register Trademarks With the United States Patent and Trademark Office (USPTO)

Like copyrights, trademarks do not need to be registered to be protected. There are some automatic rights that protect your mark within your city (or your state for very large companies.)

However, you can gain national protection by registering a trademark. You can use the "R" symbol (®) once the trademark is officially registered with the United States Patent and Trademark Office (USPTO). You can use the "TM" (™) symbol while you have a pending trademark registration application.

Registering protects your trademark nationally. So if you’re working across states, selling online, or have a website — it’s always a good idea to register with USPTO!

A difference between copyright and trademarks is that trademark registration is more complex.

This “Legally Protecting Your Brand and Trademarking Guide” from The Legal Paige includes a detailed step-by-step tutorial on how to search the United States Patent and Trademark Office trademark database.

Keep in mind, though, that without guidance, you run the risk of registering for a mark that is already in use. Or you could register the mark incorrectly and have it denied. That’s why we recommend working with an attorney, such as our team at Griffith Suazo Law, for trademark registration.

Pro Legal Tip: Don’t Forget to Trademark Your Business Name

Choosing a business name is an important decision. A strong business name sets the stage for your brand identity and helps you attract the right buyers.

You can run into big trouble if your business name isn’t legally protected. (I discuss this on Episode 135 of The Legal Paige Podcast: “Can I Use The Same Business Name as Someone Else?”)

When choosing a business name, consider these tips:

• Do an informal search: Check Google, and social media platforms like Facebook, Instagram, and Twitter to see if the name is already being used.
• Do a formal search: Use your state’s secretary of state website and the U.S. Patent and Trademark Office database. Check that your name hasn’t been trademarked by another business. (Consider working with us at Griffith Suazo Law or another attorney for a thorough search.)
• Register your business name: After clearing both informal and formal searches, register your business name with your secretary of state to protect it legally.

This FREE GUIDE walks you through trademark registration steps. It also includes tips from an attorney on choosing a sustainable business name and logo and more:

>>[FREE GUIDE] PROTECT YOUR BRAND: LEARN HOW TO TRADEMARK YOUR BUSINESS NAME<<

For even more guidance on selecting and securing your business name, check out this article: “The First Thing to Do When You Start a Business: Choose and Register Your Business Name!”

What To Do if Someone Violates Your Copyright or Trademark

Even when you’ve registered your copyright or trademark, it’s possible that someone could take advantage of your work. This can be so frustrating!

You have a few options in this situation. First, you can reach out directly to the person or company. Often, all it takes is to kindly and directly explain what material you’re concerned about and that you hold the copyright or trademark for it. Politely ask them to take down the content right away. It's best to document your communication in writing, as in an email or letter.

If they don't respond to you or refuse to take down the content, a formal letter is in order. You can use this Cease & Desist Letter Template from The Legal Paige. It’s drafted and reviewed by me (an attorney) and my legal team to help you take quick action to protect your work. Of course, if you feel you need help with this, please consult with your own attorney.

You can read more on what to do when someone takes your work and how to handle it if it happens: “What To Do When Someone Copies Your Business.” Or watch this video on YouTube: “If a Brand STEALS Your Content, Here’s What You Can Do.”

A Note to Online Course Creators: Protecting Your Content With Copyright

As a course creator, you understand how much work goes into creating an online course. You put your heart and soul into making it perfect! If you share your expertise with students online, you want to ensure it's legally protected. Copyrights help protect your online course material from sneaky pirates.

Get ahead of the game to protect your online course material with the five tips found in this blog: “Who Owns My Online Course Content? And How Should I Best Protect It?”

Summary: Understanding the Difference Between TM and Copyright

By now, you should have a clearer picture of the trademark and copyright differences and how they each serve to protect your business.

Here’s a quick recap:

• Copyright protects original creative works like photos, writing, and designs, giving you the exclusive right to use and distribute your work. They are registered with the U.S. Copyright Office.
• Trademarks safeguard your brand identifiers, such as logos, business names, and slogans, preventing others from using similar marks that could confuse customers. They are registered with the U.S. Patent and Trademark Office.

Trademarks (™), registered trademarks (®), and copyright (©) protect different aspects of your business. Whether you’re dealing with creative works or your business name, these protections can prevent or help you in legal battles down the road.

Protect your creativity and brand—your business deserves it!

Sign up below to grab our FREE trademarking guide from attorneys at The Legal Paige. Inside the guide, you'll get the 4-1-1 on how to:

1. Best choose a logo and business name that will stand the test of time.
2. Utilize non-disclosure agreements, copyright registrations, and trademarks to protect your brand.
3. Register your trademark on your own through our proven step-by-step approach.

>> GET YOUR FREE TRADEMARKING GUIDE HERE <<

FAQs: The Difference Between Trademark and Copyright

Do I need both a trademark and a copyright?

- It depends on what you are protecting: An important difference between copyright and trademark is what materials they’re used for. Trademark protects things like brand names, logos, and slogans that distinguish goods or services. Copyright, on the other hand, protects original works of authorship such as literary, dramatic, musical, and certain other intellectual works. So you might need both if you have a logo (which can be trademarked) and creative works (which can be copyrighted).

Is it better to trademark or copyright a name?

- Trademark: Names, particularly brand names, are typically protected by trademarks. This legally protects the identity and reputation of your brand in commerce. Copyright does not protect names, titles, or short phrases.

Can I legally use TM?

- Yes, after you’ve applied for registration. You can use the "TM" symbol when you’ve applied to register a trademark but haven’t received it yet. The "R" symbol in a circle (®) can only be used after the trademark is officially registered with the United States Patent and Trademark Office.

What are three key differences between copyright and trademarks?

- There are some big differences between trademarks and copyrights, including purpose, duration, and what they cover.
     -  Purpose: Copyright protects original works of authorship, such as literature, music, and art. Trademarks protect brand identifiers like names, logos, and slogans.
     -  Duration: Copyright lasts for the life of the author plus 70 years (in most cases). Trademarks can last forever as long as they are being used and they’re properly renewed.
     -  What they cover: Copyright protects original works like books and artwork. This differs from a trademark, which protects symbols, names, and slogans that distinguish goods or services.

Can you copyright and trademark a logo?

- Yes: A logo can be both copyrighted and trademarked. Copyright protects the logo's original artistic or graphic elements. A trademark protects the logo as a brand identifier in commerce. Having both protects both the creative aspect and the brand identity.

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