Answer
Trademark, copyright or patent: which one do I need?
Lawyers call this: trademark · copyright · patent · 15 U.S.C. § 1127 · 17 U.S.C. § 102 · 35 U.S.C. § 101
Short answer
Most businesses need a trademark first, because a trademark protects the brand — the name or logo that tells buyers who you are. A copyright protects creative work, like writing, art, photos, music, or code. A patent protects an invention or the new look of a product.
What changes the answer
- If it is a name, slogan, or logo
- That is trademark territory. Names and short phrases cannot be copyrighted, so trademark law is what protects a business name.
- If it is something you wrote, drew, filmed, or coded
- That is copyright. A logo is often both: the artwork is a copyrighted work, and its use on your products makes it a trademark.
- If it is a new way of doing or making something
- That is a utility patent. The invention has to be new and not obvious, and you have to apply and win the patent before you can enforce it.
- If it is the look of a product
- A new, ornamental product shape can get a design patent. In some cases a product’s look can also work as a trademark, but that is harder to prove.
- If it is a recipe
- A brand name for the dish can be a trademark. The list of ingredients cannot be copyrighted, though a recipe’s creative description and photos can be. A truly new recipe could in theory be patented, but most food businesses protect recipes by keeping them secret.
The rule
Trademark. Protects a word, name, symbol, or device that identifies the source of goods or services. 15 U.S.C. § 1127. Rights come from use, and registration with the U.S. Patent and Trademark Office (USPTO) adds to them. A trademark lasts as long as you keep using it, with renewals of a registration every ten years. 15 U.S.C. § 1059.
Copyright. Protects original works of authorship once they are fixed in some form, like saved to a file or printed on paper. 17 U.S.C. § 102(a). It does not protect an idea, process, or method, however it is described. 17 U.S.C. § 102(b). The U.S. Copyright Office says names, titles, and slogans cannot be copyrighted, and that a mere list of ingredients is not copyrightable either. U.S. Copyright Office, Circular 33. Copyright exists without registration, but you must register a U.S. work before you can sue over it. 17 U.S.C. § 411(a). For an individual author, it generally lasts for the author’s life plus 70 years. 17 U.S.C. § 302(a).
Patent. A utility patent protects a new and useful process, machine, product, or composition. 35 U.S.C. § 101. It generally lasts 20 years from the filing date. 35 U.S.C. § 154(a)(2). A design patent lasts 15 years from the date it is granted. 35 U.S.C. § 173. The USPTO handles patents and trademarks. The Copyright Office, part of the Library of Congress, handles copyrights.
Trade secrets. Information that has value because it is kept secret, like a formula or a customer list, can be protected as a trade secret for as long as you keep it secret. 18 U.S.C. § 1836; Tex. Civ. Prac. & Rem. Code Ann. ch. 134A.
“Can I use a copyrighted name for my business?” A name is not copyrighted, but that does not mean it is free. The real question is whether someone uses it as a trademark for related goods or services. That is a trademark question, and the answer turns on likelihood of confusion.
What to do next
For a name or logo, search for similar marks on related goods and services before you invest in it. That is work many owners start themselves.
For an invention, talk to a registered patent attorney or agent before you show it publicly or offer it for sale. In the United States, your own public disclosure starts a one-year clock to file, and many other countries give no grace period at all. 35 U.S.C. § 102(b)(1). That is the point where a lawyer earns the fee.
If you are not sure which kind of protection fits what you have made, Valet Law, PLLC can review it and tell you which ones apply.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.