How to Know If You Need a Copyright or a Trademark

Learn when to file copyrights vs trademarks for your business assets using clear decision criteria and cost thresholds.

1. Identify what assets need protection. List your business's creative output: written content, software code, marketing materials, product designs, training materials. Then list your commercial identifiers: business name, product names, logos, slogans, domain names. The first category gets copyrights, the second gets trademarks.
2. Apply the revenue threshold test. File trademark applications when protecting brand elements that generate $50,000+ in annual revenue or when knockoffs could cost you 10%+ of that revenue stream. Copyright registration makes sense when your creative work has standalone commercial value or faces meaningful piracy risk.
3. Calculate the cost-benefit math. Copyright registration runs $45-$125 per work through the USPTO. Trademark applications cost $250-$400 per class of goods/services, plus $1,200-$2,500 in attorney fees if you hire help. Factor in 12-18 months processing time for trademarks, 6-12 months for copyrights.
4. Check existing protections first. Search the USPTO trademark database and run Google searches for similar marks before filing. Your work gets automatic copyright protection when created, but registration strengthens enforcement. Common law trademark rights exist from first commercial use, but federal registration provides nationwide protection.
5. File strategically based on business stage. Pre-revenue businesses should focus on securing domain names and basic trademark searches. Companies with $100,000+ revenue should file for core brand trademarks. Businesses selling creative content should register copyrights for high-value works that generate licensing income or face piracy risk.