Lawyer NSW
Copyright vs Trademark
Our IP lawyer team explains the difference between copyright and trademark, helps you work out which one your business actually needs, and guides you through filing for the right protection.
Speak to a lawyer this week
Send us a few details and we’ll be in touch.
Lazarus Legal is Associated with the following institutions
What's The Difference Between A Copyright and A Trademark?
Copyright and trademark are both forms of intellectual property, but they protect different things and work in different ways. Copyright protects original creative and written works, while trademark protects the brand identifiers that distinguish your business in the marketplace, like your name, logo, or slogan. Understanding this distinction is the first step to knowing what protection your business actually has, and what it might still need.
| Feature | Copyright | Trademark |
|---|---|---|
| What It Protects | Original creative works, such as writing, artwork, music, software, and photography | Brand identifiers, such as business names, logos, slogans, and product packaging |
| Primary Goal | Protects the expression of an idea from being copied or reproduced | Protects consumers from confusion and protects your brand's reputation in the market |
| Creation | Arises automatically the moment the work is created, no registration required | Must be actively applied for and registered with IP Australia |
| Duration | Generally the life of the author plus 70 years | 10 years from registration, renewable indefinitely |
| Governing Law | Copyright Act 1968 (Cth) | Trade Marks Act 1995 (Cth) |
When do you need a Copyright vs Trademark?
The right protection depends on what you’re trying to protect: your creative output, or your brand identity. Here’s how that plays out in practice.
When Does Copyright Apply
- You've written content for your website, blog, or marketing materials that you don't want competitors copying word for word.
- You've developed custom software, an app, or proprietary code for your business.
- You've produced original photography, graphic design, or artwork for your branding or products.
- You've created training manuals, courses, or educational materials you plan to sell or licence.
- You've written music, jingles, or audio content for advertising or product use.
- You've built architectural plans or technical drawings for a commercial project.
When to Register for a Trademark
- You're launching a new business and want to stop competitors from trading under a similar name.
- You've designed a logo or brand mark and want to prevent others from using something confusingly similar.
- You've come up with a slogan or tagline that's become closely tied to your brand.
- You're expanding into new markets or states and need to secure your brand before someone else registers it first.
- You're franchising your business and need a registered trademark to licence to franchisees.
- You've noticed a competitor using a name or logo similar to yours and want the legal standing to send a cease and desist letter.
Why Choose Lazarus Legal For Intellectual Property Services
Working out whether you need copyright, a trademark, or both is only the first step. Lazarus Legal’s IP lawyers help you protect what you’ve built and make sure that protection actually holds up as your business grows.
- End-to-End IP Protection. From trademark search reports and IP Australia applications to copyright advice, licensing agreements, and Federal Court litigation, we cover the full IP lifecycle. You will not need to brief a separate firm as your needs grow.
- 40 Years of Commercial Law Expertise. We assess your IP position alongside the bigger picture: ownership structures, business sale readiness, and how it interacts with your contracts and corporate structure. That's what separates a registration service from genuine IP counsel.
- Fixed Fees, Quoted Upfront. We provide clear, fixed-fee pricing for IP matters wherever possible, including searches, applications, and licensing agreements. You will know what you are paying before work begins.
Meet Your Legal Team
CEO, Notary Public
Director, Principal Solicitor
Associate Lawyer
What Businesses Say About Lazarus Legal
“We’ve worked with Lazarus Legal on several matters and couldn’t be happier with the professionalism, clarity, and strategic support they’ve provided throughout. Most notably, they guided us through a complex trademark application, offering expert insight and genuine commitment to getting the outcome we needed. Their team is responsive, thoughtful, and easy to work with which is a rare combination in the legal world. Highly recommend if you’re looking for smart legal minds with a real understanding of commercial challenges.”
Colleen Whittaker
“I’ve worked with Lazarus Legal on several matters and have always been impressed with the level of service provided. They are professional and knowledgeable, and take the time to explain things clearly, which makes the whole process much less stressful. They have helped us with some important contracts as well as different trademarks, and every interaction has been professional and positive. Mark and his team are reliable, efficient, and genuinely focused on achieving the best outcome. I would highly recommend them to anyone looking for a lawyer who provides not only expert advice but also outstanding client care.”
- Your ideas need copyright. Your brand needs a trademark.
Get Protection That Fits Your Business's Needs
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Legal Team Answers Your Questions About Copyright vs Trademark
What is the difference between copyright and trademark in Australia?
Copyright protects original creative works, such as writing, artwork, software, and photography, under the Copyright Act 1968 (Cth). It arises automatically once the work is created. A trademark protects brand identifiers, such as your business name, logo, or slogan, under the Trade Marks Act 1995 (Cth), and must be registered with IP Australia.
Which lasts longer, trademark or copyright?
How much does it cost to trademark or copyright in Australia?
Copyright is free. It applies automatically and there is no registration system in Australia. A trademark application through IP Australia starts from $250 per class using the standard application process, or $330 per class through TM Headstart. Costs increase with each additional class of goods or services, and separate fees apply for renewals or oppositions. Hiring a lawyer to help with registration will incur a separate charge.
What cannot be protected by copyright or trademark in Australia?
Copyright does not protect ideas, facts, names, titles, or short phrases, only the tangible expression of an idea. A trademark cannot be registered if it is purely descriptive of the goods or services, geographically descriptive, generic, scandalous, or identical or deceptively similar to an existing registered mark.
Can I trademark and copyright the same thing?
Trademark Lawyer, Director, Lazarus Legal
Mark Lazarus is a Director at Lazarus Legal, admitted to practice in NSW and in England and Wales, with experience as a NSW barrister and as Legal Director at Monster Energy EMEA advising on brand protection and IP matters. He helps Sydney businesses navigate the practical differences between copyright and trademark protection, drawing on his commercial background to make sure their IP strategy holds up as their business grows.
Page Published: 12 September 2025 | Updated: 10 July 2026