What is Logo Copyright and Trademark?
Logo copyright is the process of protecting a logo design from being used in an unauthorized way. By comparison, a logo trademark is a mark that protects your brand and gives the trademark owner rights to prevent anyone else from using it.
Both terms are important to know about. When combined, logo copyright and trademark provide layered protection for your logo so that it can’t be used without your permission while avoiding customer confusion.
Read the rest of this article to explore how logo copyright and trademark works, and how a lawyer can help you with the processes.
What is Logo Copyright?
Logo copyright is the exclusive right to use and promote your logo design. No other party is allowed to copy or use it without your clear permission. When you have a logo copyright, it gives you the confidence to know that you legally own the logo so that others can’t infringe on those rights.
How Do You Get Logo Copyright?
If you want to secure logo copyright, you need to file it with the U.S. Copyright Office. You’ll need to sign up, enter details for the graphics you wish to use in your logo, and attach a vector file of the logo. After you pay a fee for the registration, you’ll have to wait for your submission to be approved, which can take a few months.
Although registration is optional, it’s worth doing to give you a strong legal standing should another party infringe on your copyright.
It’s also worth considering that while you will have automatic copyright protection for an original logo once it’s created, acquiring logo copyright is only a way to protect your artistic originality. It doesn’t protect your brand identity.
What is a Logo Trademark?
Logo trademark is the process of registering your logo as a brand identifier. It gives you legal protection for your logo so that you can distinguish your goods or services from those of competitors.
What are the Common Types of Logo Trademarks?
There are various types of logos that can be trademarked, such as:
- Wordmarks, or text-only logos. An example is the Coca-Cola logo.
- Pictorial marks. These are logos containing images, with a popular example being the Apple logo.
- Abstract marks. This can include shapes or forms, such as the three lines in the Adidas logo.
- Mascot logos. In some cases, companies choose characters or mascots as brand representations, such as the KFC Colonel Sanders logo.
- Combination marks. Companies can use text and images or symbols in their logos. An example is the Lay’s logo.
- Emblem logos. These logos use a company name with imagery that’s included in a badge or shield, such as the BMW logo.
How Do You Register a Logo Trademark?
Once you have your logo design, there are specific steps to follow when you want to register it as a trademark.
- Conduct a trademark search. You must search for any similar logos registered with the U.S. Patent and Trademark Office (USPTO) to avoid accidentally infringing on another party’s trademark.
- Gather important information. To register your logo trademark, you’ll require information about your company name, a clear logo representation, and a description of the goods/services that will be represented by the logo.
- Submit your application. You’ll submit the application to register the logo trademark on the USPTO.
After you submit your application, the USPTO will review it and get in touch with you if they have any queries or seek clarification about anything. When approved, your logo trademark will be published in the USPTO’s Official Gazette, giving third parties the chance to oppose your trademark registration should they have a reason to believe it clashes with their trademark.
The opposition period lasts for about 30 days. If there are no objections, your trademarked logo will be successfully registered.
What Mistakes Should You Avoid with Logo Copyright and Trademark?
Before securing copyright and trademark registration for your logo, you should avoid these common mistakes.
- Not conducting a comprehensive logo search. You can’t assume that because there’s no identical logo being used that yours is safe to register. An experienced attorney can help you to conduct a comprehensive search, looking at similar marks that could be problematic.
- Not maintaining your logo. You have to renew your logo trademark after a specific number of years, and if you don’t you could lose your rights to using it.
- Assuming that copyright registration is automatic. Although you get copyright when you create a logo, you need to register it so that you can take legal action should someone infringe on it.
- Filing the trademark or copyright under the wrong class. You have to ensure you correctly classify your goods or services when registering your logo trademark or copyright, or this could leave you unprotected.
- Registering a copied or derivative logo. It’s crucial to remember that copyright and trademark registration only protects original creations.
How Can a Lawyer Help You With Logo Copyright and Trademark?
It’s advisable to work with a lawyer if you want to secure a logo copyright and trademark. Here is what they’ll do to help you.
- A lawyer will guide you on choosing the best protection for your brand, such as if you should get copyright, register a trademark, or both.
- They’ll check that no similar logo is already in use, providing a comprehensive search that prevents your applications from being denied.
- They’ll prepare and submit your applications, such as with the USPTO, so that you have a greater chance of them being approved.
- They’ll provide legal protection for your logo so that your rights are enforceable.
- They’ll help you if a third party tries to violate your rights, such as by drafting a cease-and-desist letter to insist that they stop their activities.
Where Can You Find a Lawyer for a Logo Copyright and Trademark?
If you need to hire a lawyer to help you with securing logo copyright and trademark, you can find a reputable one on an online platform like ContractsCounsel, one of the largest online legal marketplaces that connects clients with vetted, experienced lawyers.
You can search for the most suitable lawyer for your legal requirements by searching on the ContractsCounsel platform according to factors such as the lawyers’ location, expertise, years of experience, and previous projects they’ve completed on the platform. You can also read customer reviews, giving you peace of mind that you’re finding the best lawyer to protect your brand.
