We all have seen a © sign in books, photographs, songs, paintings, and several other things that are original creations of an individual or a group. While encircled “c” might look small on huge posters and covers, it wields immense power. It is your safety net in case someone tries to steal your work. Like other works, a logo represents the image of any brand it is associated with, and the proprietors invest a lot of time, effort, and money to come up with a distinctive design. That’s why it is important to copyright logo design so that no one can reproduce it to sell a counterfeit and tarnish your brand’s reputation.
Are company logos copyrighted?
Not all companies have a logo design with copyright, but they are often eligible for copyright protection. In many countries, including the United States, copyright protection for a logo is automatic upon creation, provided the logo is an original work.
This means that as soon as a logo is designed and exists in a recorded form, it is automatically copyrighted. While a logo is automatically protected by copyright as soon as it is made, this protection is often referred to as “unregistered copyright.”
Unregistered copyright provides the owner with some legal rights, but these rights can be harder to enforce in court without formal registration.
Why is it important to copyright logo design?
Copyright is not just valid for logos for major companies that have a vast consumer base spread across multiple continents. Even a small family venture must have a copyright logo. It will guarantee that no one else promotes their business through your logo and avoid any confusion with your loyal customers.
Here are some reasons that should convince you to register a copyright for your logo and trademark other distinctive branding items:
Protection of intellectual property
A logo is the identity of a brand. It’s more than just a design; it’s a crucial part of a company’s image and reputation. By copyrighting a logo, a business legally protects its design as intellectual property, ensuring that it cannot be used without permission.
Prevention of unauthorized use
Copyrighting a logo deters others from using, copying, or modifying it without authorization. Unauthorized use can dilute the brand’s identity, create confusion in the market, and potentially divert customers away from the rightful owner.
Legal recourse
If another entity uses copyrighted logo without permission, the copyright owner can take legal action. This includes seeking damages, requesting a court order to stop the infringement, and potentially recovering lost profits.
Exclusive rights
Copyright grants the owner exclusive rights to use, reproduce, and distribute the logo. This exclusivity is critical for maintaining brand integrity and ensuring that the logo is only associated with the products or services it was designed to represent.
Building brand values
A unique and well-protected logo contributes significantly to the value of a brand. Over time, as the brand grows and becomes more recognizable, the logo itself can become a valuable asset. Copyright protection helps safeguard this asset from being exploited by others.
Licensing opportunities
Copyrighted logos can be licensed to other businesses or entities, creating additional revenue streams. For example, a company might license its logo to manufacturers who produce merchandise or other products. Copyright protection ensures that these licenses are respected and enforced.
International protection
Copyright laws in many countries recognize and protect logos, providing a framework for international protection. This is particularly important for businesses operating in multiple countries, ensuring that their logos are protected across different jurisdictions.
Avoiding legal disputes
Copyrighting a logo helps avoid disputes over ownership and usage rights. Without copyright protection, a company might find itself embroiled in costly and time-consuming legal battles to prove that the logo is its original creation.
When a logo may not qualify for copyright
While companies have the right to claim copyright for their logos, not all can exercise this privilege. There are some parameters for a logo that can’t be copyrighted.
Lack of originality
A logo must be sufficiently original to qualify for copyright protection. A copyright for logo design is not possible if it is too simple or common (e.g., a basic geometric shape or a generic image), and does not meet the originality requirement.
Common or functional elements
Logos composed of elements that are used in a particular industry or serve a purely functional purpose might not be eligible for copyright protection. These elements are often protected more effectively under trademark law.
Combination of copyright and trademark
While copyright protects the creative aspect of the logo, trademark law protects the logo in its commercial use. For instance, a logo that incorporates generic symbols might be copyrighted for its unique artistic expression but is better protected as a trademark in the context of its association with specific goods or services.
Difference between copyright and trademark
When discussing copyright and trademark, people always ask: Can a logo be copyrighted or trademarked? The answer is that though both protect intellectual property, they serve different purposes.
Think of copyright as a patent for your original idea expressed in a creative work. A trademark is like a flag you plant on your brand identity to claim ownership.
Copyright
Copyright grants protection to the original expression of ideas and not the ideas themselves. It covers specific works like books, music, art, and software. These works are automatically copyrighted upon creation, but formal registration is recommended for stronger protection.
A painting created by an artist, such as “Starry Night” by Vincent van Gogh, can be copyrighted. Copyright protection would cover the specific artistic expression in the painting, including its composition, colors, and the unique style of the artist.
The artist (or the copyright holder) has exclusive rights to reproduce, distribute, display, and create derivative works based on the painting. Unauthorized reproduction or use of the painting without permission could be an infringement of the copyright.
Trademark
Trademark protects brands, logos, and symbols that identify and distinguish goods or services in commerce. It requires registration with trademark authorities and must be actively used to maintain protection.
The Nike “Swoosh” is a distinctive logo used to identify Nike’s products and services. It serves as a powerful symbol of the brand’s identity and is recognized globally as a mark of quality and association with Nike. The logo has trademark protection, which grants Nike exclusive rights to use the “Swoosh” logo in connection with its goods and services. This means that no other company can use a similar design to confuse consumers. Trademark law prevents other businesses from using the logo or similar marks that could lead to brand dilution or confusion.
How to register a logo design copyright
The process of registering a copyright in the U.S. involves determining eligibility, preparing and submitting an application, giving the fee, and waiting for processing. While copyright protection is often automatic upon creation, formal registration enhances protection and enforcement. In the U.S., the U.S. Copyright Office is responsible for registering copyrights and maintaining public records of copyright claims.
Here is a detailed process of how to register for a copyright business logo in the U.S. with the U.S. Copyright Office:
Start your application
The first step to copyright your logo is ensuring that it qualifies for copyright protection. Once you have met the eligibility criteria, the next phase involves gathering the necessary information, like its title, creation, and publication dates, and the author or designer. This information is necessary for submitting your application, which can also be filed online. To get started with registering your work, log in to the Electronic Copyright Office (eCO) Registration System to fill out the application. Here’s how eCO will work:
Log in/create an account: Access the eCO system and create an account or log in.
Start a new registration: Select the type of work you are registering.
Fill out the application: Provide the required information about the work and the author(s). If you prefer or need to submit a paper application, you can use forms available on the U.S. Copyright Office website. However, this process is slower and more expensive.
Pay the fee
The copyright fee varies depending on the type of work and the method of application. Online submissions typically have lower fees compared to paper submissions. As of the latest update, online registration fees start at $45 to $65 for a single work, while paper applications are more expensive with a fee of $125.
Submit a copy of your logo
For online applications, you can upload a digital copy of the logo, while for certain types of works or, if required, you may need to mail a physical copy to the U.S. Copyright Office. The deposit requirement may vary depending on the type of work and whether it has been published.
Wait for processing
Now that all formalities have been met, the U.S. Copyright Office will review your application and the submitted work. Online applications typically take a few months to process, while paper applications can take longer. If additional information is needed or if there are any issues, the office will contact you.
Receive your registration certificate
Once the application is approved, you will get an official certificate of registration. Congratulations! You now have a logo with copyright, and you have the benefits of registered copyright, including the right to claim damages and attorney’s fees in infringement cases.
Examples of popular copyright logos
Here are some of the most popular copyright logo examples:
Apple: The bitten apple is one of the most recognizable logo in the world. The company has specific guidelines for the licensee of Apple’s logo to protect its trademark and brand identity.
Nike: The Swoosh logo was trademarked in 1972. It helps the popular footwear and fashion brand to stand out amid intense global competition.
McDonald’s: The Golden Arches are a universal symbol for fast food. They are a trademark property of McDonald’s along with the phrase “I’m Lovin’ It” and terms like “McNuggets” and “Big Mac”.
Coca-Cola: The Coca-Cola script is one of the most famous logos in history. As per the company’s policy, its trademarks and logos can only be used for goods produced by Coca-Cola or after taking permission from the beverage manufacturer.
Starbucks: The siren logo is a familiar sight to coffee lovers around the world. The company prohibits the use of its trademarks and logos without prior approval.
Conclusion
A copyright logo design is vital for any company or brand to maintain its distinct identity and reputation. It also liberates you from the threat of your vital branding elements being stolen and puts you at an advantage if any adverse situation arises. Every business, big and small, must register a copyright for all their logos and slogans and trademark their branding elements.
