June 15, 2022 In Legal Support, Patent, Patent

Should My Logo Be Copyrighted or Trademarked?

There are tons of confusion swirling around when it comes to the protection of a logo. The very first one being whether to trademark or copyright protect the logo. For this, you first need to know the difference between copyright and trademark. Both copyright and trademark service different purposes are applied and obtained through a different process and also the levels of protection they extend are different.

If you are utilizing the logo for business activities like selling of products or services, applying for a trademark should be your top priority. The trademark registration gives your logo identity protection. Logo enables the consumers to recognize your products or services and differentiate them from others in the market. At the same time, if your logo is unique and you wish to use it in other ways apart from vending your products and services, you may apply for additional protection through copyright registration. The copyright protects your logo considering its distinctive nature of design as a piece of art. For your quick understanding, here is the difference between trademark protection and copyright protection.

What Does Trademark Protection Cover?

A trademark is a word, symbol, design, phrase or a combination of these that differentiates your products and/or services in the industry. Protecting your logo through trademark registration prevents your competitors from using the same mark on similar products or services. Typical units that come under trademark protection include:

  • Business names
  • Taglines
  • logs
  • Slogans

Since the logo serves as an identity to distinguish your brand, it is recommended to protect it by filing for trademark registration.

What Does Copyright Protection Cover?

Copyright is meant to protect an “original work fixed in a tangible medium of expression” from being copied by any other company or brand. If you are using your unique logo for any other services apart from the selling of products or services (like offering any training under the same brand name), filing a copyright application is recommended. Copyrights protect songs, pictures, software codes, etc. from being copied by others. Copyright does not relate to the products or services sold under the logo. Copyright also protects:

  • Webpage
  • Painting
  • Book
  • Photograph
  • Song recorded.

To be precise, copyright provides additional protection to the logo than just having trademark protection. Both copyright and trademark extend bind the logo with distinctive legal advantages. Be its trademark or copyright, it is recommended to seek legal advice as you proceed to protect your logo. Expert assistance can help choose the best option to protect your logo.