A lot of people usually ask, “can I copyright my logo?”. The answer lies in the type of protection you’re seeking, and the best way to go about it is by knowing the difference between copyrights and trademarks.
If you’re a business owner and your aim is to use this logo for the products or services you are offering, then a trademark registration is what you should be getting first. A trademark helps people distinguish your goods and services from others in the market therefore identifying you as the source or producer.
On the other hand, if your logo is unique and is used in other ways aside from selling goods and services, then you might want to file for copyright as well. A copyright protects the elements of your logo peculiar to your business, in a way treating it like a piece of artwork.
In this article, you will know what a trademark and copyright protect and how these kinds of intellectual property protect your logo and business.
What does a trademark protect?
A trademark is usually a word, symbol, or phrase that is used to distinguish your goods and services from others in the market. The best way to explain it is through something you do from time to time—grocery shopping. When you look at the aisles of deodorant, you see many products, many brands of deodorants, but there is only one named Old Spice.
Old Spice is a registered trademark, therefore although anybody can make a deodorant, nobody can name their business Old Spice. This is what trademarks do. It gives your business a sense of uniqueness that guarantees protection legally recognized by the government.
Here are some brand elements that can be protected by a trademark:
- Logo
- Tagline
- Slogan
- Business names
So if your goal is to grow a business, the best advice to listen to is to file a trademark even before it is launched. You can hire experienced trademarking agents or a licensed attorney to handle your application for you. Filing before a launch gives you the competitive advantage of knowing if your brand is even trademarkable. After a comprehensive search and your application is finally allowed, you can now be sure that your mark is fully protected.
What does copyright protect?
Copyright is an area of intellectual property (IP) that protects original works of art and is unique among the other branches of IP because initial protection is granted as soon as the original work becomes tangible, and you don’t even need to file it to be recognized as the author.
So if you’re granted immediate ownership of the copyright, why bother to file it with the government at all? A copyright certificate means that your original work of art is recognized by the government and you will be granted full protection in the event someone tries to copy your work.
Copyright usually protects pictures, software codes, and even songs. What makes it different from a trademark is, a copyright protects the way your work is expressed, not the goods and services associated with it. Here is a list of what copyright protects:
- Books
- Song recorded in any medium
- Webpage
- Painting
- Photos
If you have full rights to your logo or if you created it yourself, then you may register it as copyright to prevent others from others who may want to copy it.
Filing for a copyright for your logo may provide some form of protection but it is also good to consider the function of your logo—which is more often than not a representation of the goos and services you offer to the market. If you are an entrepreneur it is best to file for a trademark first, then file for a copyright.