Trademark vs Copyright UK: What’s the Difference?
If you run a business, create content, or build a brand in the UK, you’ve probably asked yourself this question:
Do I need a trademark or copyright, and what’s the difference?
It’s one of the most common (and confusing) issues for founders, creatives, and small business owners. Many assume copyright automatically protects their brand name or logo. Others think registering a trademark covers everything they create.
The truth is simpler and more important, than most people realise.
In this guide, we’ll break down trademark vs copyright in the UK in plain English, so you can confidently protect what actually matters to your business.
What Does “Trademark vs Copyright UK” Mean?
At a high level:
A trademark protects brands
Copyright protects creative works
They are completely different legal rights
They protect different things They work in different ways And they solve different business problems
Understanding the difference can save you from costly mistakes later.
What Is a Trademark in the UK?
A trademark protects signs that identify your business in the marketplace.
This includes:
Business names
Brand names
Logos
Slogans or taglines
Product names
A registered UK trademark gives you exclusive rights to use that mark for specific goods or services across the UK.
Key Features of UK Trademarks
Must be registered to get strong legal protection
Protection lasts 10 years and can be renewed indefinitely
Stops competitors using confusingly similar names or logos
Acts as a powerful commercial asset
If your brand name is central to how customers recognise you, a trademark is usually essential.
What Is Copyright in the UK?
Copyright protects original creative expression.
This includes:
Written content (blogs, books, course material)
Website text
Photography
Illustrations and designs
Music and video
Software code
In the UK, copyright protection is automatic; you don’t register it.
Key Features of Copyright
Arises automatically when the work is created
Protects the expression, not the idea
Usually lasts 70 years after the creator’s death
Does not protect brand names or business names
This is where many businesses get caught out.
Trademark vs Copyright UK: The Core Differences
AreaTrademarkCopyrightProtectsBrand identifiersCreative contentRegistrationRequiredAutomaticDuration10 years (renewable)Life of author + 70 yearsStops others usingSimilar names/logosCopying the workCovers brand names✅ Yes❌ No
A crucial takeaway:
Copyright does not stop someone registering your brand name as a trademark.
Why This Matters for Small Businesses and Founders
Many startups rely on:
A strong brand name
A recognisable logo
Online visibility
But without trademark protection, you may have no enforceable rights to that brand — even if you’ve been using it for years.
Real Risk Scenario
You build a business You invest in branding and marketing. Your website content is copyrighted, but your brand name is not trademarked
A competitor registers the name as a trademark. You receive a cease-and-desist letter. You’re forced to rebrand
This happens more often than people realise.
Can a Logo Be Copyrighted and Trademarked?
Yes, and this is where the two overlap.
Copyright protects the artistic design of the logo
A trademark protects the logo as a brand identifier
Copyright stops copying. Trademark stops confusing use in trade
For businesses, trademark protection is usually the more valuable layer.
Trademark vs Copyright UK: Which One Do You Need?
Ask yourself these questions:
You likely need a trademark if:
You sell products or services under a name
You want exclusive rights to your brand
You plan to scale, license, or franchise
You want to stop competitors from using similar names
You likely rely on copyright if:
You create written, visual, or digital content
You sell courses, books, or media
You want to stop the copying of creative works
In practice, many businesses need both, but for different assets.
Common Misunderstandings (and Costly Myths)
“I own the domain name, so I’m protected”
False. Domain ownership does not equal trademark rights.
“Copyright protects my business name”
False. Names and short phrases are not protected by copyright.
“I can trademark later if there’s a problem”
Risky. Someone else may register it first.
Practical Examples
Example 1: Online Coach
Blog content → Copyright
Course materials → Copyright
Business name → Trademark
Example 2: E-commerce Brand
Product photos → Copyright
Brand name → Trademark
Logo → Trademark + Copyright
Example 3: App Startup
Code → Copyright
App name → Trademark
Icon → Trademark
FAQs: Trademark vs Copyright UK
What is better, trademark or copyright?
Neither is “better” — they protect different things. Trademarks protect brands; copyright protects creative content.
Do I need a trademark if I have a copyright?
Yes, if you want to protect your business or brand name. Copyright does not do this.
Is trademark stronger than copyright?
For brand protection, yes. A trademark gives exclusive commercial rights that copyright cannot.
Can I register copyright in the UK?
No formal registration system exists. Copyright is automatic.
When should I trademark my brand?
Ideally before or shortly after launch, once the name is final and you’ve checked availability.
Final Thoughts: Protect the Right Thing the Right Way
Understanding trademark vs copyright UK is not about legal theory — it’s about protecting your livelihood.
Copyright protects what you create. Trademarks protect how customers recognise you
If your brand matters (and it usually does), trademark protection is often the missing piece.
Soft Call-to-Action
If you’re unsure whether your business name, logo, or slogan should be trademarked — or whether it’s even available, getting clarity early can save you time, money, and stress later.