People use "trademark" and "copyright" interchangeably. They protect completely different things, from different agencies, on different timelines.
The one-line distinction
Trademark protects brand identifiers — the name, logo, or slogan that tells customers a product is yours. Copyright protects creative works — writing, art, music, photography, video, and software code.
| Trademark | Copyright | |
|---|---|---|
| Protects | Brand name, logo, slogan | Original creative work |
| Agency | USPTO | U.S. Copyright Office |
| Arises when | You use it in commerce | The moment you create it |
| Registration | Strongly recommended | Optional but powerful |
| Lasts | Forever, if renewed | Life of author + 70 years |
The overlaps that confuse everyone
A logo is both: it's a trademark (a brand identifier) and a copyrightable piece of artwork. Software is copyright (the code) and possibly a patent (a novel function) and its name is a trademark. Most real businesses need more than one kind of protection — which is why the first question is never "trademark or copyright?" but "what exactly are you trying to protect?"
Not sure? Our two-minute quiz walks you through it.