Key takeaways
- Trademark protects a logo as a brand signal; copyright protects it as artwork.
- Word marks and simple text logos are trademark-only — copyright will not cover them.
- Most brands with a distinctive graphic logo benefit from both registrations.
- If a contractor designed your logo, you do not own the copyright without a signed assignment.
The core difference
| Trademark | Copyright | |
|---|---|---|
| What it protects | Use of the logo to identify the source of goods or services | The original artwork as a creative expression |
| Where you register | U.S. Patent and Trademark Office | U.S. Copyright Office |
| What it stops | Confusingly similar branding in related markets | Copying, reproducing, or adapting the artwork anywhere |
| How long it lasts | Indefinitely, with use and maintenance filings | Life of the author plus 70 years (or 95 years for works made for hire) |
| Requires commercial use | Yes — in interstate commerce | No |
| Typical cost | Higher — government fees per class plus prosecution | Lower — a modest filing fee |
The simplest way to think about it
Trademark asks: will consumers confuse this with someone else's brand? Copyright asks: did someone copy my drawing? A competitor can infringe one without infringing the other.
Which one does your logo need?
Text-only wordmark
Trademark only. Words, names, and short phrases are not copyrightable no matter how nicely they are set in type.
Text in a custom lettering treatment
Trademark for sure. Copyright is possible if the lettering itself involves substantial original artwork beyond font choice.
Distinctive graphic or mascot
Both. Trademark stops competing brands; copyright stops merchandise, posters, and pattern copies outside your market.
Simple geometric shape
Trademark only in most cases. Basic shapes and common symbols usually lack the originality copyright requires.
A useful test: if someone reproduced the image on a T-shirt in an unrelated industry, would you care? If yes, the copyright side matters. If your concern is a competitor using something similar on the same shelf, the trademark side matters more.
Who owns the logo your designer made?
This is the issue we see most often, and it usually surfaces years later during a funding round or an acquisition. Under U.S. copyright law the author owns the work. If your logo was created by an independent contractor or an agency, the contractor owns the copyright unless a signed written agreement transfers it to you.
- Employees: a logo created by an employee within the scope of their job is a work made for hire, and the company owns it.
- Contractors and agencies: paying an invoice does not transfer copyright. You need a signed written assignment or work-for-hire clause.
- Freelance marketplaces: read the platform's default terms; some grant a license rather than ownership.
- AI-assisted logos: purely AI-generated artwork has no copyright owner at all, so there is nothing to assign.
Fix it before you file
If you cannot produce a signed assignment, get one now. A copyright application asks who the author is, and an inaccurate answer can invalidate the registration.
Filing both protections
Clear the mark
1–2 weeksRun a knockout and design-code search before you invest in the brand.
What we handle at this stageFile the trademark
Same weekChoose the right classes and identification wording, and file the design mark with a clean drawing.
What we handle at this stageRegister the copyright
Same weekFile the artwork as a visual arts work with the correct authorship and deposit copy.
What we handle at this stageMaintain and enforce
OngoingWatch for copycats, send takedowns for artwork copies, and keep trademark maintenance filings on schedule.
The two filings do not conflict. Registering a logo as a trademark says nothing about who owns the drawing, and registering the copyright says nothing about your brand rights. Together they cover both angles of the same asset.
How enforcement differs
- Trademark enforcement turns on likelihood of confusion, which depends on the goods, the channels, and the similarity of the marks.
- Copyright enforcement turns on copying — access plus substantial similarity — regardless of industry.
- Platform takedowns are easier with a copyright registration; marketplace brand programs generally require a trademark registration.
- Damages differ: timely copyright registration unlocks statutory damages; trademark cases often turn on profits and corrective advertising.
Frequently asked questions
- Should I copyright or trademark my logo?
- If the logo identifies your business in the market, trademark it. If the logo contains original artwork you want to stop others from copying anywhere, register the copyright too. Distinctive graphic logos usually deserve both.
- Can I copyright a logo that is just my company name in a font?
- No. Words, names, and typeface designs are not protected by copyright. A text-only logo is protected through trademark law based on your use of it in commerce.
- Does my designer own my logo?
- Unless your designer was an employee or signed a written assignment or work-for-hire agreement, they own the copyright in the artwork even after you pay for it. Get a signed assignment before you register or rebrand around it.
- Does a copyright registration stop a competitor using a similar logo?
- Only if they copied your artwork. A competitor who independently creates a similar-looking logo does not infringe your copyright, but may still infringe your trademark if consumers are likely to be confused.