If you’ve created something valuable like a product or an original work of art, you may be asking yourself: How do I know whether to register my IP federally with the United States Patent and Trademark Office or with the U.S. Copyright Office? The answer depends on what you’ve created and how you plan to use it. While both offices were created to help protect your IP, they each serve different roles.
Registering with the wrong agency, or not at all, can open your creative content or brand to potential infringement. Learn the difference between each office to make the right decision for your IP case.
What Does the USPTO Protect?
Operating under the United States Department of Commerce, the USPTO issues patents and registers trademarks. Trademarks are differentiating identifiers that can set your goods or services apart.
Trademarks registered with the USPTO can include the following:
- Words
- Names
- Slogans
- Logos
The USPTO also grants patents that protect inventions, processes, designs, and other marks that distinguish your goods or services. The United States Patent and Trademark Office (USPTO) noted that 462,215 patent applications were filed in fiscal year 2023. Owners of registered trademarks can use their marks throughout the United States and can take legal action in federal court if needed.
What Does the U.S. Copyright Office Protect?
The United States Copyright Office is where you register original works of authorship. This can include books, music, movies, photographs, computer programs, and paintings. Copyrights come into existence when you create an original work. However, you can register your work with the Copyright Office for additional legal benefits.
Registered copyrights allow you to file an infringement claim in federal court. They may also qualify you to receive statutory damages and attorney’s fees. The U.S. Copyright Office issued over 441,500 registrations during fiscal year 2023 alone. Copyright protection doesn’t cover ideas, facts, titles, names, or short phrases. If these are the main features of your brand identity, consider registering a trademark with the USPTO instead.
IP Registration in the Digital Age
Intellectual property protection has become more nuanced with advancing technology. Businesses need to ask themselves whether trademark registration covers digital goods and services. Unfortunately, for many companies, registered trademarks do not.
The USPTO has sent out bulletins advising companies to file under trademark classes for virtual goods. If you sell virtual goods, make sure to register under Class 9 for downloadable virtual goods used in connection with operating within a computer-generated, Internet-based virtual world. Intellectual property infringement is becoming more prevalent online.
We’re already seeing a shift in trademark filings. In fiscal year 2024, the USPTO saw over 760,000 trademark applications, about a 4.1% increase from the previous fiscal year.
How AI Is Changing Copyright for Artists, Musicians, and Filmmakers
From AI-generated music and visual art to cinematic videos made at scale, the rise of artificial intelligence has left artists with complicated questions about authorship and ownership. In January 2025, the United States Copyright Office released Part 2 of its Study on Copyright and Artificial Intelligence, ultimately deciding that works created entirely by an AI tool, with no meaningful human contribution, would not be eligible for copyright registration.
As an artist, musician, or filmmaker, having registered copyrights and proof-of-authorship of your human contribution to these works has never been more crucial. Counterfeiting is another risk heightened by AI. Generative AI can mimic your voice, writing style, or even visual aesthetic almost flawlessly. If you have registered copyrights and trademarks in place, you can take legal action if your rights are infringed.
Hire an Intellectual Property Lawyer to Navigate Your Options
Sometimes, intellectual property falls under both trademark and copyright laws. When it’s unclear whether your work should be trademarked or copyrighted, hire an intellectual property lawyer. An experienced attorney can listen to the details of your case and advise on your approach.
At The Kinder Law Group, we are exclusively dedicated to intellectual property law. With our primary location in Irvine, California, we represent clients all over the country who need assistance with copyright or trademark issues. Our attorneys have spent years advising clients on how to register their trademarks, how to copyright their work, and how to enforce their rights when someone else violates them.
Whether you are just starting a business and want to protect your brand or are an artist and want to protect your creations, your intellectual property is an important asset. Have a team you can trust on your side.
FAQs
Q: What Is the Difference Between the USPTO and the U.S. Copyright Office?
A: The difference between the USPTO and the U.S. Copyright Office lies in what they protect. The USPTO manages trademarks and patents. Think of brands/trade names and inventions. Copyright office works include books, music, and art. Although both offices are governed by federal intellectual property law, they are separate entities that register different types of intellectual property.
Q: Do Copyrights Have to Be Registered With the Copyright Office?
A: You do not have to register your copyrights with the Copyright Office. Protection automatically occurs when you create an original work. However, registering your copyright can provide key legal advantages. You cannot file a claim for infringement in federal court until you register your copyright. You also may not be eligible for statutory damages or attorney’s fees until your copyright is registered. These can be very helpful in an intellectual property claim.
Q: How Long Does Copyright and Trademark Registration Take?
A: Copyright and trademark registration can take a few months to over a year. Copyright claims take an average of four months to process. Some United States Copyright Office filings can take nine months to a year.
For the USPTO, generally, it will take between 12 and 18 months for a trademark if it is a use-based application and there are no major complications, or if the application receives an office action.
Q: What if I Haven’t Started Using the Trademark Yet?
A: If you haven’t started using your trademark yet, you can file what’s known as an “intent to use” (ITU) application to secure your filing date. Following publication, you won’t receive a registration certificate. Instead, the USPTO will send you a Notice of Allowance. From there, you have 6 months to either start using the mark and file a Statement of Use, or apply for an extension. You can get up to five extensions.
Contact The Kinder Law Group Today
Choosing between filing with the USPTO or the U.S. Copyright Office doesn’t have to be stressful. At The Kinder Law Group, we have the experience to walk you through every stage of the IP registration process, including weighing your options and enforcing your rights. Contact our firm today to discover how we can help keep your intellectual property safe.