Founders ask this question constantly and the answers are confused. Copyright, trademark, and patent are three different forms of intellectual property protection, and they cover three different things. Picking the wrong one (or assuming one of them protects something it does not) is one of the most common ways early-stage companies lose IP they thought was safe.
Here is the short framework.
What each one protects
Copyright protects original creative works fixed in a tangible medium, the specific expression of an idea, not the idea itself. Software code, written content, images, videos, music, architectural plans, and product manuals are all copyrightable. The protection arises automatically the moment the work is created; registration with the U.S. Copyright Office is optional but required before you can sue for infringement.
Trademark protects names, logos, slogans, and other source identifiers, anything that tells consumers this product comes from that company. Trademark rights arise from use in commerce; federal registration with the USPTO provides nationwide protection and the ability to sue in federal court. The TM symbol indicates a claimed mark; the R-in-a-circle indicates a federally registered mark.
Patent protects functional inventions, how something works, not what it looks like or what it is called. Utility patents cover processes, machines, and compositions; design patents cover ornamental designs of functional items. Patents are granted by the USPTO after a substantive examination and last 20 years from filing (utility) or 15 years from issuance (design).
When each is the right tool
Three common scenarios:
You wrote a software application.
- Copyright protects the code itself.
- Trademark protects the product name and logo.
- Patent might protect a novel algorithm or technical method (subject to patentable-subject-matter limitations on software, which are real and getting stricter).
You designed a consumer product.
- Copyright protects the marketing materials, packaging design, and any artistic elements.
- Trademark protects the brand name and logo.
- Utility patent protects how the product works.
- Design patent protects what it looks like.
- Trade dress (a subset of trademark) can protect the overall look and feel.
You wrote a book or made a video.
- Copyright protects the content.
- Trademark protects the title only if it is a series with brand recognition; a single-work title generally is not trademarkable.
- Patents are not relevant.
What none of them protect
Three things people commonly assume have IP protection that they do not:
An idea by itself. Telling someone your business idea, your novel concept, your unique angle does not create protectable IP. Copyright protects the expression of an idea, not the idea. Patents protect inventions reduced to a specific structure. There is no idea-protection doctrine, except trade secret, which protects confidential information that gives you a competitive advantage.
Functional features of unpatented products. If you did not file a patent on a functional feature, anyone can copy it. Trademark and copyright will not protect functionality.
Single-word product names that are generic or descriptive. Apple works as a trademark for computers because it is arbitrary in that context. Apple does not work as a trademark for apples. The more descriptive your name, the weaker the protection.
Costs and timelines
Copyright registration: $45 to $125 per work, 4 to 7 months to process. You can sue for infringement only after registration.
Trademark registration: $350 to $500 per class per application as of 2026, plus surcharges; 8 to 14 months to process (longer if there are office actions). Common-law rights start with use; federal rights start with registration.
Patent (utility): $1,500 to $15,000-plus for filing depending on complexity; 1.5 to 3 years for examination. Maintenance fees of $1,600 to $7,400 due at years 3.5, 7.5, and 11.5.
Patent (design): $1,000 to $3,000 for filing; 1 to 2 years for examination; no maintenance fees.
Common mistakes
A few patterns that come up in early-stage IP strategy reviews:
Filing for the wrong type. A founder who has built software gets a design patent application drafted because someone said patents matter. The design patent does not cover the software. Result: $3,000 spent on protection that does not cover what they care about.
Waiting too long to file. Patents have a one-year grace period from any public disclosure or sale; foreign patent rights are lost immediately on public disclosure. Trademarks should be filed before significant marketing investment. Copyright should be registered before any litigation is contemplated.
Failing to assign rights. Contractors who develop work for the company own the copyright by default unless there is a written assignment. Same with founders before the company is formed. The fix is straightforward, written assignments, but it is much cheaper to do at the start than to retrofit during a financing round.
Confusing copyright and trademark. A logo can be both copyrighted (as a graphic work) and trademarked (as a source identifier). The two protect different things, copyright protects the graphic, trademark protects the source-identification function, and a serious brand should secure both.
Trade secret is the fourth one
Worth mentioning briefly: trade secret protects confidential information that gives you a competitive advantage. The classic example is the Coca-Cola formula. Trade secret has no registration, no filing fee, and no expiration date, but the protection lasts only as long as the information stays secret. The moment it leaks, you have lost it.
The legal requirement: you have to take reasonable steps to maintain secrecy. NDAs, access controls, marking confidential documents, employee training. Without those, you do not have a trade secret in the legal sense.
When to bring in an attorney
Self-service is reasonable for:
- Copyright registration of routine works (single-author articles, photos, code modules).
- Reserving a trademark you plan to use, in a single class with a standard goods description.
Get an attorney if you are:
- Filing in multiple classes or filing internationally.
- Filing any patent.
- Building IP strategy for a fundraising round.
- Responding to an office action, infringement notice, or opposition.
- Licensing IP to or from another party.
If any of those apply, LawSensai can match you with an IP attorney in your state.