Registration Guides
Reviewed by MoxMark IP Operations
Guidance is checked against official filing sources and the practical trademark workflows MoxMark handles for e-commerce brands.
Official references
Trademark and copyright are the two types of intellectual property protection that online sellers encounter most frequently, and they are routinely confused with one another. As of 2026, the distinction between trademark vs copyright has real consequences for how sellers protect their brands, respond to infringement, and access marketplace protection programs. Understanding which type of IP applies to each asset is a prerequisite for building an effective brand protection strategy.
Key Takeaways
Trademark and copyright protect fundamentally different things. Trademark law protects source identifiers—the names, logos, slogans, and other marks that tell a consumer who made a product or provided a service. The purpose of trademark protection is to prevent consumer confusion about origin. A trademark can last indefinitely as long as it remains in use.
Copyright law protects original creative works—written content, photographs, illustrations, music, videos, and software code. The purpose of copyright is to give creators control over how their creative expression is used and reproduced. Copyright protection arises automatically in most countries at the moment of creation, without any filing requirement, and lasts for a defined period that typically extends decades beyond the creator's lifetime.
The key practical distinction for sellers is this: trademark protects your brand identity in the marketplace, while copyright protects specific creative assets you have produced.
Trademark protection covers the brand-level identifiers that distinguish your store and products from those of competitors. For most e-commerce sellers, the primary trademark assets are the brand name (registered as a word mark) and the logo (registered as a device or combined mark).
A registered trademark gives you the legal standing to challenge other sellers who use the same or confusingly similar name in connection with the same or related categories of goods. It is the credential required for Amazon Brand Registry, the primary tool for customs recordation against counterfeit imports, and the foundation for cease-and-desist communications that carry legal weight.
Trademark protection does not cover the visual design of your product listing images, the text of your product description, or the layout of your storefront. Those assets may be protected by copyright, but they fall outside the scope of trademark law.
Copyright protection covers original creative expression that meets a minimum threshold of creativity. For online sellers, the most commonly relevant copyrightable assets include original product photography, custom illustrations and graphic designs, written product descriptions, brand story content, and video content.
Copyright arises automatically at the moment a qualifying work is created and fixed in a tangible form. A photograph taken by your hired photographer is immediately protected by copyright from the moment the shutter clicks, without any registration filing required.
However, registration of copyright with the relevant copyright office provides significant additional benefits. In the United States, registration with the Copyright Office is required before a rights holder can sue for infringement in federal court. Registration also enables the copyright holder to claim statutory damages and attorney's fees, which are often the only financially viable remedy in a litigation context. Copyright registration with the US Copyright Office typically costs between $45 and $65 per work for online registration of a single work.
A seller's logo may be protected by both trademark law and copyright simultaneously. The logo, as an original creative work, qualifies for automatic copyright protection at creation. The same logo, when used as a brand identifier in commerce, also qualifies for trademark protection upon use or registration.
When a competitor copies your logo, both trademark and copyright may be relevant. The trademark claim focuses on consumer confusion about the source of goods. The copyright claim focuses on reproduction of your creative expression without authorization. The two claims are not mutually exclusive, and bringing both may strengthen the enforcement position.
Similarly, a distinctive product packaging design may qualify for trade dress protection under trademark law (protecting the distinctive appearance that consumers associate with your brand) while also qualifying for copyright protection if the design contains sufficient original creative expression beyond functional elements.
Trademark registration is typically the first priority for Amazon sellers because it is the prerequisite for Amazon Brand Registry access. Brand Registry provides access to the Report a Violation tool, proactive brand protection features, A+ Content, Sponsored Brand advertising, and enhanced listing controls. These features are not available to sellers without a registered trademark or a pending application from an accepted IP office.
Copyright protection matters for Amazon sellers primarily in two scenarios. First, when a competitor copies your original product listing images—Amazon's process for reporting intellectual property infringement allows copyright claims through its IP complaint submission system. Second, when a competitor reproduces your written product descriptions or brand content verbatim, a copyright claim provides a basis for content removal that is distinct from a trademark claim.
A trademark search before filing helps ensure your brand name does not conflict with existing registrations, which is the most common and costly mistake sellers make at the start of the process.
Trademark infringement occurs when a third party uses a mark that is identical or confusingly similar to your registered mark in connection with the same or related goods, in a way that is likely to cause consumer confusion about origin. The test is about likelihood of confusion—what a reasonable consumer would think when encountering both marks.
Copyright infringement occurs when someone reproduces, distributes, displays, or creates derivative works from your copyrighted content without authorization. The test is about substantial similarity of the creative expression, not about consumer confusion. A competitor who paraphrases your product description in different words has likely not infringed your copyright, but a competitor who copies your brand name in the same product category has likely infringed your trademark.
This distinction determines which type of complaint to file and which enforcement mechanism to use. Filing a copyright complaint when the issue is really a trademark issue—or vice versa—leads to slower resolution and is a common mistake in marketplace enforcement situations.
Sellers operating across multiple countries and marketplaces often need both trademark and copyright protection working in parallel. A brand with registered trademarks in the US, EU, and China has customs enforcement tools in all three markets to block counterfeit products at the border. The same brand with registered copyright in the US has a basis for statutory damages litigation if a domestic competitor reproduces original product images.
Copyright registration is also relevant for sellers whose products have original visual designs—textiles with original prints, stationery with original artwork, or packaging with original illustrations. These design elements may qualify for copyright protection that adds a layer of IP coverage beyond the trademark rights in the brand name itself.
The decision to pursue copyright registration alongside trademark registration depends on the nature of the creative assets involved and the enforcement risks most relevant to the specific business.
MoxMark handles trademark registration across major global markets, with transparent pricing that shows both the service fee and the official government fee before checkout. No hidden costs and no legal jargon that makes the process harder than it needs to be.
View Trademark Registration Pricing
Q: Does my brand logo get copyright protection automatically?
A: Yes. An original logo created with a minimum level of creativity receives automatic copyright protection from the moment it is created and fixed in a tangible form, such as a digital file. However, registering the copyright with the US Copyright Office provides additional legal benefits including the ability to sue for statutory damages and the right to file a federal infringement lawsuit.
Q: Can I use copyright to stop Amazon listing hijackers?
A: Copyright is useful for removing copied product images or verbatim listing content, but it does not address the core hijacking problem of another seller adding themselves to your listing. Trademark protection through Amazon Brand Registry is the more direct and effective tool for removing hijackers who are selling under your brand name without authorization.
Q: Do I need to register my copyright to have protection?
A: Copyright protection arises automatically in most countries without registration. However, in the United States, registration is required before a rights holder can file a federal lawsuit for infringement. Registration also enables the copyright holder to claim statutory damages and attorney's fees, which significantly affects the practical enforceability of the right.
Q: Which comes first—trademark registration or copyright registration?
A: For most e-commerce sellers, trademark registration should come first because it unlocks Amazon Brand Registry, customs enforcement, and the primary marketplace protection tools. Copyright protection arises automatically without registration for most creative assets, so it provides a baseline level of coverage while the trademark application is pending.
Q: Can the same logo be protected by both trademark and copyright?
A: Yes. A logo that is both an original creative work and is used as a brand identifier in commerce can qualify simultaneously for copyright protection (as creative expression) and trademark protection (as a source identifier). The two types of protection apply different legal standards and are enforced through different mechanisms, but they are not mutually exclusive.
Use these internal resources to connect the article to a search, filing, or brand protection workflow.