Quick Comparison
Trademark ™
Protects:
Duration
Indefinite (renewable every 10 years)
Copyright ©
Protects:
Duration
Life + 70 years (or 95-120 for companies)
Detailed Comparison
| Feature | Trademark | Copyright |
|---|---|---|
| Primary Purpose | Protect brand identity & prevent consumer confusion | Protect creative expression & prevent copying |
| What It Protects | Words, phrases, symbols, designs used to identify goods/services | Original works of authorship fixed in tangible medium |
| Protection Begins | Upon use in commerce (common law) or federal registration | Automatically upon creation |
| Registration Required? | No, but highly recommended for strong protection | No, but required to sue for infringement |
| Registration Cost | $250-$350 per class (USPTO fee) + attorney fees | $45-$65 per work (Copyright Office fee) |
| Duration | Indefinite with renewals every 10 years | Life + 70 years (individual) or 95-120 years (company) |
| Territorial Scope | Country-specific (US trademark = US protection) | International under Berne Convention |
| Exam/Review Process | Yes, USPTO examining attorney reviews (6-12 months) | No, basic review only (3-6 months) |
| Symbol to Use | ™ (common law) or ® (registered) | © Copyright [Year] [Owner] |
Common Examples
Trademark Examples
Brand Names:
- • Nike, Apple, Coca-Cola
- • Your business name
- • Product line names
Logos & Symbols:
- • Nike swoosh
- • Apple logo
- • Your company logo
Slogans:
- • "Just Do It"
- • "Think Different"
- • Your tagline
Service Marks:
- • FedEx (delivery services)
- • Starbucks (coffee services)
- • Your service brand
Copyright Examples
Written Works:
- • Books, articles, blog posts
- • Website copy
- • Marketing materials
- • Scripts & screenplays
Software:
- • Source code
- • Mobile apps
- • Web applications
- • Databases
Visual Art:
- • Photographs
- • Illustrations & graphics
- • Paintings & drawings
- • Logo artwork (creative element)
Media:
- • Music & songs
- • Videos & films
- • Podcasts
- • Recordings
Which Protection Do You Need?
You Need Trademark Protection If:
- You're building a brand and want to protect your business name
- You have a logo or slogan that identifies your business
- You want to prevent competitors from using similar names/marks
- You sell products or services under a specific brand
- You want exclusive rights to your brand nationwide
You Need Copyright Protection If:
- You create original content (blogs, videos, courses, books)
- You develop software, apps, or code
- You produce music, artwork, or photography
- You want to prevent unauthorized copying or distribution
- You want the ability to sue for infringement
You Need BOTH If:
- You have a creative logo (trademark for brand, copyright for artwork)
- You create branded content (trademark for brand, copyright for content)
- You develop branded software or SaaS products
- You're a content creator building a personal brand
Registration Costs & Timeline
Trademark Registration
USPTO Filing Fees:
$250-$350 per class
Attorney Fees:
$1,200-$2,000
Total Investment:
$1,450-$2,350
Timeline:
8-12 months (standard)
Renewal:
Every 10 years ($525-$725)
Copyright Registration
Copyright Office Fee:
$45-$65 per work
Attorney Fees (optional):
$500-$1,000
Total Investment:
$45-$1,065
Timeline:
3-6 months
Renewal:
None required
Savvy Esquires IP Service Pricing
Our transparent flat-fee pricing for intellectual property services. Government filing fees are separate and paid directly to the relevant agency.
Trademark Services
- Trademark Search & Opinion: $2,000
- Trademark Application Filing: $1,250 per class
- IP Strategy Package: $2,500
* All fees are for legal services only. USPTO fees ($250-$350/class) and Copyright Office fees ($45-$65/work) are separate.
Frequently Asked Questions
Protect Your Intellectual Property
Not sure which protection you need? Schedule a consultation to discuss your IP strategy. We'll help you determine the right protection for your brand and creative works.