Branding identity: The logo copyright question. A guide to protecting your business
Your business just worked with a designer to create a great new identity for your company. But that doesn’t mean you own the copyright to the logo! There is a simple process to follow that ensures you have full legal control over your logo.
Having your new logo trademarked can seem like a difficult process. However the steps are fairly simple, and our agency has expertise in this area. We are not lawyers (and you should definitely consult with one) but our thoughts on logo trademarks can help many businesses understand the process. Our branding process involves naming for new businesses and creating unique brand marks. Some businesses may find an advantage in having their logo and brand protected with a trademark. The company name or logo can be registered, in conjunction with trademark attorneys.
How to Copyright a Logo
Did you know that copyright is an automatic right at the moment the design of the logo is deemed finished? You will need to be able to prove that you created the logo and the date of creation. That’s all there is to it!
Copyright is an automatic right under international law, but you must prove ownership by showing you created the logo and the date. Registering with the U.S. Copyright Office can provide additional protection. It is important to note that copyright protects the design and originality of your logo, but not the name of your business.
Simple Steps to Copyright a Logo
– Use the © copyright symbol on your logo design
– Make sure you can prove the date of creation
– For peace of mind, register with a copyright witness service
What files can you protect with a logo copyright?
Digital files can be registered such as PNG, PDF, JPG, PSD , AI, EPS , SVG, GIF or any other graphic file format.
What about logo designs that are similar to other logos? Can the logo copyright still be enforced?
Before we answer that question, we need to understand the difference between copyrighted logos, registered copyrighted logos and registered trademarks.
01. Copyright
It is wise to put a copyright symbol with the company logo to educate others that it is copyrighted (even without the symbol it is still copyrighted, but this provides awareness of the copyright).
02. Registered copyrights
You can register the copyright protection that is automatically granted to you when you create a design. This is a further step to register the copyright registry (of your country).
03. Registered trademarks
This is the best protection for a logo design. If your logo has a registered trademark, it is protected from theft and gives the Logo Design *and* business name protection.
To register the trademark requires a paid application which can be filled out at the United States Patent and Trademark Office (USPTO) or another trademark office in the country. Not every logo submitted is granted a trademark. There must be evidence that your trademark is unique and not already registered in the database in that country. Once the registered trademark is granted, you can use the ® symbol in the lower or upper right area of your logo mark or word mark.
After the Logo Trademark is Approved
Once the logo has been registered with the USPTO, the trademark owner will have exclusive rights to use the logo within approved goods or services throughout the U.S. The trademark owner may sue for any unlawful use of the logo. Note that trademarks last 10 years. The trademark should be renewed every decade to make sure that it is current.
While a logo designer automatically gets the copyright, the transfer of the existing copyright to the client isn’t done automatically.
How to Transfer a Logo Copyright to the Client?
The logo rights have to be initiated by the designer, or suggested by the client. Do not assume that when invoices are paid, and designer and client part ways that the client will automatically receive ownership.
After the final logo is selected, and no further changes need to be made, it is best practice to have a written contract stating that the designer is transferring all ownership and copyright to the client.
Best Practices for Protecting Your Business
It is best to ensure you own the copyright to the logo design before making a trademark filing. Consider whether your logo will change over time, as design marks or logos cannot be changed after filing with the USPTO. File for a standard word mark or brand name if you are unsure if your logo design will be used on a long-term basis. Be sure to confirm ownership of the design with your logo designer or branding agency, as they may be creating the design as part of a “work for hire”. If you are still unsure about the process, reach out to us and we can help with this process for your business.
