A logo can be both copyrighted and trademarked as the two laws are not mutually exclusive. Logos are among the items used by businesses to identify themselves. Because of this, logos that are not copyrighted are generally protected by trademark and can be enforced under trademark law.
Copyright Protection
In most countries, original works, including logos, are automatically protected by copyright as soon as they are created and fixed in a tangible medium. To strengthen legal protection, you should register the copyright to establish a public record of ownership. Copyright protection arises automatically upon the creation of an original work, without the need for registration or formalities.
Provided a logo had some skill and effort involved in its creation, it will automatically qualify for copyright protection. Relatively simple logos have been recognised by courts as copyright-protected. Ownership of copyright in a logo belongs to the original author or creator of the logo as soon the logo is complete. Often businesses have written agreements with designers.
Frequently Asked Questions
How do I know if my logo is copyrighted?
A logo is protected by trademark law as logos identify businesses and original works like logos are protected by copyright automatically when created and fixed in a tangible medium. Copyright protection arises without the need for registration or formalities. To establish a public ownership record and strengthen legal protection, register the copyright.
What happens if I don’t copyright my logo?
Even if you don’t register the copyright of your logo, it is still protected by default as soon as it is created and fixed; however, registering it can provide stronger protection and easier enforcement. Simple logos have been recognized by courts as copyright-protected, evidencing that effort in their creation can result in copyright qualification. Ownership of copyright in a logo belongs to the creator as soon as it is complete, and it’s common for businesses to have agreements with designers outlining rights and ownership.