Copyright vs trademarks — what protects what

People use “copyright”, “trademark”, “design” and “patent” as if they were the same thing. They are not. Each protects a different kind of asset, you obtain each in a different way, and using the wrong one leaves a gap in your protection. The classic mistake is assuming copyright protects a brand name or that a trademark covers your website text. It works the other way around more often than people expect.

This guide sets out, in plain English, what each form of protection covers in Australia, where they overlap, and how to make sure your name, your logo, your written work and your product are each protected by the right tool.

The four forms of protection, side by side

Right	What it protects	How you get it	Term
Copyright	The expression of original works — artwork, text, code, music, photographs	Automatic on creation, free, no registration	Long (generally life of the author plus 70 years for many works)
Trademark	A brand — names, logos and other signs used to distinguish your goods or services	Register with IP Australia	10 years, renewable indefinitely
Registered design	The visual appearance of a product — its shape, configuration, pattern or ornamentation	Register with IP Australia	Up to a limited number of years (not indefinite)
Patent	A new invention — how something works, a device, method or process	Register with IP Australia	Limited statutory term

The key takeaway: copyright and the brand function of a name almost never overlap. Copyright can protect the drawing of your logo, but it does not protect your right to use that logo, or your name, as a brand. That is the job of a trademark.

Copyright in Australia: free and automatic

In Australia, copyright is automatic. The moment an original work is created in a material form, copyright exists. There is no register, no application and no fee. The relevant law is the Copyright Act 1968 (Cth). You do not need to use the © symbol for protection to exist, though it is sensible to mark your work so others know it is claimed.

Copyright protects the expression of a work, not the idea behind it. Things it can protect include:

• Artistic works — the actual artwork of a logo, illustrations, graphics and photographs.
• Literary works — the text on your website, brochures, manuals and even certain code.
• Computer programs — source and object code as literary works.
• Musical and dramatic works — compositions, scripts, jingles.

What copyright does not protect is just as important:

• Names, brands and slogans as such. A business name, a product name or a catchy tagline is not protected by copyright, no matter how original it feels. Those are brand functions, and they need a trademark.
• Ideas, concepts, methods or facts — only the particular expression of them.

So copyright might protect the artwork of your logo as an artistic work, while a trademark protects your right to use that logo, and your name, as the badge of your business.

Why you usually want a trademark too

If your logo or name is your brand, copyright alone will not stop a competitor adopting a confusingly similar name or mark in trade. Copyright is about copying a specific work. It does not give you the broad, brand-level right to stop others trading under something close to your name in your industry.

A registered trademark does exactly that. It gives you an exclusive, enforceable, Australia-wide right to the brand for the classes of goods and services you register, the right to license or sell it as an asset, and the ability to take infringement action. Government fees are about $250 per class using IP Australia’s pick-list of goods and services, or $400 per class for custom wording (the fee schedule changed on 1 October 2024), and registration lasts 10 years and can be renewed indefinitely.

A common and sensible approach is to rely on both: copyright protects the original artwork of your logo automatically, and a trademark protects the name and logo as your brand. You can check whether your name is available as a brand with our trademark search, and work out which classes you need with our class finder.

Registered designs: the look of a product

If what you want to protect is the visual appearance of a physical product — its shape, configuration, pattern or ornamentation — the right tool is a registered design, not copyright or a trademark. Think of the distinctive shape of a chair, the styling of a bottle, or a decorative pattern applied to a product.

Designs are registrable through IP Australia and are separate from both copyright and trademarks. There is an important overlap area between copyright and designs when an artistic work is applied industrially to products, which is one reason it pays to get advice early if your product’s look is a key asset.

A quick way to choose the right protection

Work from what you are actually trying to protect:

• A name, brand or slogan you trade under → trademark.
• A logo → trademark for the brand function, with copyright protecting the artwork automatically.
• Website text, brochures, code, photos, music → copyright (already automatic).
• The look or shape of a physical product → registered design.
• How an invention works → patent.

Most small businesses find that copyright already covers their creative material for free, and the missing piece is a trademark over the name and logo. That is the gap that exposes a brand, and it is the one worth closing first.

Common questions

Do I need to register copyright in Australia? No. Copyright is automatic and free under the Copyright Act 1968 — there is no register and no application. It exists as soon as an original work is created in a material form.

Does copyright protect my business name or logo? Copyright can protect the artwork of a logo as an artistic work, but it does not protect a name, brand or slogan as a brand. To stop others using a confusingly similar name or logo in trade, you need a registered trademark.

What is the difference between copyright and a trademark? Copyright protects the expression of original creative works and arises automatically. A trademark protects a brand — the name and logo that distinguish your goods or services — and must be registered with IP Australia. They protect different things and often work together.

Can a slogan be protected? Not by copyright as such. A slogan may be registrable as a trademark if it functions as a distinctive badge of origin for your goods or services. Descriptive or common phrases are harder to register.

What protects the shape of my product? A registered design protects the visual appearance — shape, configuration, pattern or ornamentation — of a product. That is separate from copyright and from trademarks, and it is registrable through IP Australia.

Where to start

If your creative work is original, copyright already protects it automatically, at no cost. The piece most businesses are missing is a trademark over the name and logo that carry the brand. Start with a free brand check using our trademark search, confirm your classes with the class finder, and read our guide on what a trademark is if you want the full picture. When you are ready, our team can help you protect the brand properly — register a trademark or start a free search.