Trademark or copyright: which protects a name or a logo?
Copyright protects creative expression automatically, so it covers the artwork of a logo but never the name itself. Trademark protects a sign used in trade for particular goods or services, and requires registration to be worth much. A brand normally needs copyright in the artwork and a registered trademark in the name.
A registered right in a name, logo or sign, for specified goods and services, in specified territories.
An automatic right in original creative expression, from the moment it is fixed.
How do they compare, point by point?
| CRITERION | TRADEMARK | COPYRIGHT |
|---|---|---|
| Protects a brand name | Yes | No |
| Protects logo artwork | Yes, as a figurative mark | Yes, as an artistic work |
| Arises automatically | Limited unregistered rights only | Yes |
| Registration cost | €850 EU, $250 to $350 per class US | None required |
| Duration | Ten years, renewable forever | Life of the author plus 70 years |
| Territory | Per jurisdiction, per class | Effectively worldwide via Berne |
| Must be used | Yes, or it can be revoked | No |
| Stops a similar name | Yes, within its classes | No |
Why can't you copyright a name?
Copyright requires original expression, and a word or short phrase is not enough expression to qualify anywhere. This is settled in the US, the UK and the EU alike.
This is why a competitor can call their product almost anything and copyright gives you no answer. Trademark is the tool for names.
What does a logo actually need?
Two things and often three. Copyright in the artwork, which arises automatically but sits with the designer until it is assigned to you in writing. A registered trademark in the mark as used, for the classes you trade in. Sometimes a registered design as well, where the visual appearance matters commercially.
The most common failure is the first one. The founder registers the trademark and never gets the copyright assigned by the freelancer who drew it.
What do unregistered trademark rights give you?
In the UK and other common law countries, passing off protects goodwill you can actually prove: reputation, misrepresentation and damage. It is real, and it is expensive to run.
In most of the EU, unregistered protection is thin to nonexistent. Registration is the practical route.
Which one should you choose?
CHOOSE TRADEMARK WHEN
- You are protecting a name, a word mark or a brand identity
- You want to stop competitors trading under something confusingly similar
- You are raising money or selling, where registered rights get diligenced
CHOOSE COPYRIGHT WHEN
- You are protecting artwork, writing, music, film, photography or code
- The thing has creative expression rather than commercial signalling
Common questions
+Do I need both for my brand?
Usually yes. Register the trademark for the name and the mark, and get a signed copyright assignment from whoever designed the artwork. Either one alone leaves a hole.
+Can I trademark my artist name?
Yes, if it functions as a badge of origin for goods or services and is not already taken in your classes. Musicians commonly register in class 9, class 41 and class 25.
+How do I check a name is free?
Search the registers in your territories, check company registries, check domains and socials, and search for unregistered use in your sector. Run all of it before you print anything.
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DEED (2026). Trademark or copyright: which protects a name or a logo?. DEED rights register. https://deed.rizzgroup.org/compare/trademark-vs-copyright