Do I Need a Trademark or a Copyright?

A Simple Guide for Creators, Startups & Entrepreneurs If you’re launching a new brand, product, or creative project, protecting your intellectual property (IP) is a must. But when it comes to legal protection, most people get stuck on one key question: “Do I need a trademark or a copyright?”At LUM Law Group, we help creators, startups, and business owners across Los Angeles and beyond protect their work, brand, and legacy. In this guide, we’ll explain the difference between trademark vs copyright, so you can confidently take your next step.

Trademark vs Copyright: What’s the Difference?

A trademark protects the brand elements that distinguish your business—such as your business name, logo, slogan, or product packaging. This is what sets your business apart in the marketplace.

Examples of trademarks:

  • Your company name (e.g. Lum Law Group®)

  • Your logo or symbol

  • Taglines or unique packaging

If you’re a business owner, entrepreneur, or product developer, you’ll likely need a trademark to legally protect your brand identity.

Fun fact: Trademarks are registered with the USPTO (United States Patent and Trademark Office), and LUM Law Group can help with your application from start to finish.

What is a Copyright?

A copyright protects original creative work such as:

  • Blog articles

  • Photos and videos

  • Software code

  • Artwork or graphic designs

  • Music and written content

If you’re a content creator, designer, writer, or educator, copyright law protects your work from being copied or used without permission.

Unlike trademarks, copyright protection is automatic once your work is created. However, official registration offers stronger legal protection.

Which One Do I Need?

Here’s a quick breakdown to help you decide:

If You Have…You Need a…
A business name or logoTrademark
Original content or artCopyright
A brand with both logo + contentBoth

Why Protecting Your Intellectual Property Matters

Not securing your IP rights can lead to:

  • Someone else registering your brand name

  • Copycats using your content without permission

  • Expensive legal battles

  • Damage to your brand reputation

By working with an experienced trademark and copyright attorney in Los Angeles, like LUM Law Group, you reduce the risk of legal disputes and increase the value of your brand.


When Should You File?

Trademark:
Ideally before you launch or publicly use your business name or logo. This helps prevent infringement and ownership conflicts.

Copyright:
You automatically own your work once it’s created, but registration is key if you ever need to enforce your rights in court.


Get Legal Help from LUM Law Group

LUM Law Group has helped entrepreneurs, creators, and startups across California navigate complex intellectual property law with confidence.

Whether you need help registering a trademark, filing a copyright, or protecting your brand globally, we’ve got your back.


Schedule a Brand Protection Consultation

Confused about trademark vs copyright? Not sure what you need?

Talk to an intellectual property lawyer today.
Book your consultation with LUM Law Group to get personalized legal advice.

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At Lum Law Group, every case is approached with a commitment to excellence and a focus on achieving the best possible outcome. With decades of experience in immigration, business, and intellectual property law, we provide personalized legal solutions that set you up for success.