Logos are an essential element in businesses. They contribute so much to brand recognition that companies understandably invest a lot to have logos that stand out. Given just how important logos are, it is necessary to protect them to ensure they are not copied or duplicated.
The critical question then is: what is the best way to protect a logo? Logos can qualify for protection under both trademark and copyright. It is, therefore, necessary to explore the rights and limitations of trademarks and copyright to determine which form of protection is most appropriate.
Copyright
One critical fact to note regarding copyright and logos is that not all logos qualify for copyright protection. For example, logos constituted only by designed text are likely not copyrightable. This is because copyright protection does not cover design, colours, and names. However, if your logo contains original artistic elements, these specific elements qualify for copyright protection.
Also noteworthy is that copyrights have a finite lifetime regardless of whether they are works of individuals or works created for hire.
Trademark
Unlike copyright, most logo forms can be trademarked as long as they are distinctive and are used in commerce. Also, trademarks can protect names and short phrases used in logos which is not the case with copyright. For commercial purposes, trademarks offer more protection for logos. For instance, once your logo is trademarked, competitors cannot use identical logos or variants of the logo that are confusingly similar in the same kind of business.
This way, trademarks help protect your brand identity and ensure that third parties cannot take advantage of your brand’s popularity. Furthermore, trademarks can last indefinitely, as long as they are renewed as when due.
How should you protect your logo?
From all that has been highlighted, it is clear that trademarks offer the more appropriate protection for logos. Nevertheless, where a logo qualifies for both trademark and copyright, there can be some utility to pursuing both forms of protection.
