When deciding to protect your logo or design, it can be a bit confusing trying to decide how to protect it. After all, your logo is basically the face of your product line or your services, so it makes sense that you want to do the right thing when it comes to making sure you have exclusive rights to it.
The question is should you register your logo or register it as a trademark? The answer, surprisingly, can be both.
The US Copyright Office states that “Copyright protection may be available for logo artwork that contains sufficient authorship.” What does this mean exactly?
Of course, each logo or design will vary from the next in its eligibility for copyright protection, but the key to understanding it is learning what “sufficient authorship” means. Logos or designs that fall into either of the two categories are not eligible for copyright protection:
or “familiar symbols or designs”, for example, the peace sign, a single arrow, a Latin cross, etc.
or “mere variations of typographical ornamentation, lettering, or colors,” for example, text in Times New Roman font, text using only upper and lower case letters, text in purple
An even easier way to think is to ask yourself a question about your logo: was there any creativity involved in the logo design? If you’re using a symbol you found in Microsoft Word or a clip art program, then no. If you are using a logo that you or someone else designed for you that contains a degree of creativity and/or uniqueness in some way or fashion, then yes.
Even if your logo qualifies for copyright protection, don’t assume it’s the same as trademark protection. Copyright and trademark are fraternal twins, obviously related, but nothing alike. Copyrights protect the image itself, while trademarks protect the image as it is used in the marketplace.
To protect your logo IN CONNECTION with your line of products and/or services, a trademark is the way to go. The purpose of having a trademark, whether for a name, logo, or slogan, is to gain exclusive rights to the mark within your particular industry. This ensures that there will be no confusion between customers when it comes to your goods/services and others within your industry.
Filing a trademark for a logo is similar to filing a trademark for a name. A thorough investigation will likely be needed to ensure that the same or similar design has not already been submitted. I know what you’re thinking: I know my logo is unique OR I paid to have my logo designed so I know no one else has it. We hear it a lot. The thing to always remember about trademarks is that one trademark does not have to be exact to another. If there is a possibility that the client will get confused, it can be a problem.