Brand Name Copyright Basics: What's Protected and What's Not

The Short Answer: You Can't Copyright a Brand Name

This surprises many founders: brand names, slogans, and titles cannot be copyrighted. Copyright protects creative works — books, music, art, software code. It does not protect short phrases, names, or titles.

The correct protection for brand names is trademark law, not copyright law. Understanding the difference prevents costly mistakes.

Copyright vs Trademark vs Patent

Copyright

• Protects: Original creative works (books, music, art, photos, software, videos)
• Duration: Life of author + 70 years (or 95 years for works for hire)
• Registration required? No — copyright exists automatically upon creation. Registration strengthens enforcement.
• Cost: $35-65 to register
• Relevant for brand names? No

Trademark

• Protects: Words, phrases, symbols, and designs identifying goods/services
• Duration: As long as the mark is used in commerce (renewed every 10 years)
• Registration required? No — rights begin with use. Registration provides stronger protection.
• Cost: $250-350 per class to register
• Relevant for brand names? Yes — this is your primary protection

Patent

• Protects: Inventions, processes, and designs
• Duration: 20 years (utility patents) or 15 years (design patents)
• Registration required? Yes — must be approved by the USPTO
• Cost: $5,000-15,000+ including attorney fees
• Relevant for brand names? No (but design patents can protect unique logo designs)

What Copyright DOES Protect for Your Brand

While your brand name isn't copyrightable, other brand assets are:

Logo Artwork

The artistic design of your logo is automatically copyrighted upon creation. This is separate from trademark protection — copyright protects the artwork itself, while trademark protects its use as a brand identifier.

Website Content

Your website copy, blog posts, and original images are copyrighted. Competitors can't copy your About page text or product descriptions.

Marketing Materials

Brochures, videos, photographs, and advertising copy are all copyrighted creative works.

Brand Guidelines Documents

Your brand style guide, if sufficiently creative, is copyrightable.

What Trademark Protects

Your Brand Name

The word or words used to identify your business, products, or services.

Your Logo

As a trademark (not just copyright), protecting its use as a brand identifier.

Your Tagline/Slogan

Short phrases used consistently as brand identifiers ("Just Do It," "Think Different").

Product Names

Individual product or service names within your brand portfolio.

Trade Dress

The overall visual appearance of your product or packaging (think Coca-Cola's bottle shape).

Common Misconceptions

"I copyrighted my business name"

No, you didn't. You might have trademarked it (or registered your business entity), but copyright doesn't apply to names.

"My brand name is automatically protected"

Partially true. Common law trademark rights begin when you start using a name in commerce. But these rights are limited geographically and harder to enforce than registered trademarks.

"If I register my domain, the name is legally mine"

Domain registration is a lease, not intellectual property protection. It doesn't prevent others from using the same name for their business.

"I need to mail myself a copy to prove ownership"

The "poor man's copyright" (mailing yourself a sealed copy) has no legal standing. Proper registration is the only reliable way to establish a record.

The Brand Protection Stack

For comprehensive brand protection, you need multiple layers:

1. Trademark registration — Protects your brand name, logo, and tagline
2. Domain registration — Secures your web presence
3. Social media handles — Secures your social presence
4. Copyright registration — Protects your logo artwork and content (optional but strengthens enforcement)
5. Business entity registration — Registers your legal business name with the state

Action Steps

1. Trademark your brand name — This is your most important IP protection. File with the USPTO.
2. Register copyright for your logo — Optional but provides statutory damages in infringement cases.
3. Secure your domain and social handles — Not legal protection, but practical brand defense.
4. Consult an IP attorney — If your brand is central to your business (it usually is), professional guidance is worth the investment.

Verify Before You Protect

Before investing in legal protection, verify your brand name is actually available. Use BrandScout to check trademarks, domains, and social handles in one search — ensuring the name you want to protect is truly yours to claim.