TrademarksHubThe worldwide trademark network

Guide for brand owners

Trademark vs copyright vs patent

Brand owners often ask for “a trademark” when they really need copyright or design protection — or the other way round. Here is the difference in one table.

Not sure what you need?

Side by side

TrademarkCopyrightPatent / design
ProtectsBrand names, logos, slogans — what tells buyers who made itPhotos, text, artwork, software code, musicInventions (patent); the look of a product (design)
RegistrationNeeded for strong rights in most countriesAutomatic on creation; registration helps enforcement in some countries (e.g. US)Required
How longRenewable every 10 years, indefinitelyUsually the author’s life plus 50–70 yearsPatents ~20 years; designs typically 15–25 years
Use against copycatsFakes and listings using your brandStolen photos, copied descriptions and artworkCopies of your product’s shape or function

Which do you need?

  • Selling under a brand name? Trademark first.
  • Copied product photos or listings? Copyright takedown — see removing copycat listings.
  • Copied product shape with another brand? Design or patent — file before you publish the product.

Note on patents

TrademarksHub focuses on trademarks. Many firms on the platform also handle designs and copyright, and some refer patent work to patent attorneys.

A typical request on TrademarksHub

Example

“A furniture maker finds exact copies of a chair sold under a different name and asks whether a trademark or a design registration would have stopped it.”

Illustrative example. On TrademarksHub requests are shown as “Private brand owner”, and only firms that cover the chosen countries can reply.

Questions

Can I trademark a product design?
Usually you protect a product’s look with a design registration. Some shapes can be trademarks only once buyers recognise them as a brand.
Do I need to register copyright?
No — copyright is automatic. In the US, registration is needed before suing for infringement of a US work.
Can a logo be both a trademark and copyright?
Yes. The artwork is protected by copyright, and its use as a brand by trademark.