A logo needs legal protection. However, this makes standing out in the marketplace challenging. When you create a logo, you get copyright automatically. You can register it as a trademark or attach a copyright notice to it.
Copyright vs. Trademark
Copyright and trademark protect intellectual property differently. Copyright protects the use of an idea, while trademark protects the idea itself. To protect identity and products, experts advise copyrighting and trademarking a business logo.
Registration and Costs
The online registration website has a copyright form. For a United States business, the United States Copyright Office website allows e-filing. You can also submit a paper form. The basic trademark cost is $225-$600 per class. The least expensive, easiest way is through the United States Patent and Trademark Office’s online Trademark Electronic Application System.
A logo with artistic or design elements has copyright protection. Under international law, copyright is an automatic right when the design is finished. You must prove creation and date. Use the copyright symbol. Ensure you can prove the date of creation. Register with a copyright witness service.
Cost Considerations
- Federal trademark cost: $225-$400 plus legal fees
- State trademark cost: $50-$150
- Average logo trademark cost: $225-$600 plus legal fees
- National average cost: $424
- Copyright registration cost: $35 to $95 for single and group applications
Common Misconceptions
Proving the date of your logo design can be difficult. Relying solely on the existence of the logo file isn’t enough. System dates can be manipulated. Witnessing the date legally registers creation and can be used in disputes.
Trademark Registration
Filing a federal trademark for your business name with the U.S. Patent and Trademark Office (USPTO) costs $225–$600, plus legal fees. State registration is $50–$150. Trademarks cover designs, symbols, words or phrases that identify your business, including business names, logos, and product labels.
Copyright and Trademark Steps
- Create your logo, automatically gaining copyright.
- Prove creation and date for your records.
- Register your trademark to protect the logo as intellectual property.
- Use copyright and trademark symbols to assert your rights.