What is the Difference Between Branding and Marketing?

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Denese EakinsDenese is a lover of knowledge and puts her research skills and creative eye to good use with her infographics. When she’s not researching and designing visuals to present data, she spends time volunteering in her other passion–health education.

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Intellectual Property©2018, Colleen Eakins Design

What You Need to Know About Logos, Trademarks, and Intellectual Property

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Your logo is an essential aspect of your company identity. Not only does it serve to help differentiate your products and services from competitors, but it also helps you create brand recognition with your customers and potential clients.

For this reason, one of the most common questions that people have is whether or not logos are trademarked or copyrighted. By legal definition, the answer should be relatively straightforward. To get a better understanding, let’s cover some of the basics about Copyright and Trademarks.

What Is a Copyright?

Copyright is a legal framework that protects creative works of expression. The work has to meet minimum requirements to get certified for copyright protection. Another aspect of Copyright law is they expire, so Copyright protection doesn’t last forever. While assets are under Copyright protection, the original artist – or the Copyright holder, as the case may be, holds all rights for distribution, use, and associated royalties.

Unauthorized use or publication of copyright material entitles the copyright holder to take action against the violation, by asking for a removal of the infringement. On video platforms, something as simple as recording copyright protected background music can result in an infraction which entitles the holder to claim the video and collect any revenues generated from the recording.

Copyrights are transferable, so this intellectual property holds value. Especially in the case of famous artists and musicians. A couple of examples of transferred copyright material that have been particularly valuable after the original artist passed away include that of Elvis Presley, Kurt Cobain, Michael Jackson, and Prince. While their work was invaluable while they were alive, their estate became even more profitable after their passing.

While you and your business may not be a massive pop star, there is still a lesson to be learned from having the proper groundwork laid. Copyrights and other types of IP (intellectual property) protection help you build equity in your company. If the day ever came when you wanted to exit the business, these assets can get transferred legally in the case of a sale. The new owner of the copyrighted material then holds the rights to collect any revenues or income produced from the creative work.

What Is a Trademark?

A trademark safeguards company names, taglines, slogans, and images associated with the business or entity in which they represent. Famous examples of trademarked characters and brands you’re likely to be familiar with include Marvel Comics, Sherwin-Williams, iPhone, Android, Charlie Brown, and a million of your other favorite brands and products.

A trademark offers more comprehensive protection than copyright. A Copyright doesn’t include references to brand names, color schemes, typefaces, and designs. A mark covers these aspects of IP ownership. However, a trademark also has some limitations because it does not protect the owner against almost all unlicensed use or copy that falls outside of fair use. Trademark protection only addresses the unauthorized use of the mark that could confuse the entity who owns the intellectual property.

Trademark law permits for the use of similar names in business. However, the companies must operate in different categories.

Examples of similar trademark names include Ace Hardware and Ace Bandage. While both company names contain the word “Ace;” Ace Hardware sells home goods, consumer products, and hardware. Ace Bandages are health care products people use when they have injured themselves. Hence, there are no infringements. Consumers are clear that these products and services are not the same. There is no getting the two confused.

Are Logos Trademarked or Copyrighted?

In the case of logos, this is an area of IP law that must respect the mandates of both Copyright and Trademark requirements. Things can get complicated. If a logo includes too many elements that look similar to a product or company that holds a trademark or copyright, the trademark or copyright holder has to defend their intellectual property or risk losing their rights to the IP.

As you can imagine, this alone is a convincing argument for protecting against potentially losing the Intellectual Property.

Logos are a powerful asset in every company’s marketing toolbox. They are used to help connect with people and establish brand clarity and recognition in the consumer market.

Because copyright laws don’t protect the name, the design, and the colors of a logo, most straightforward logos are not considered creative enough to qualify for a copyright. However, logos and other brand entity identifiers that are more intricate or elaborate may be eligible to register their marks for copyright.

Tips to Avoid Logo Infringements

If you are starting a branding campaign for your business or organization, here are some tips to help you avoid trademark and copyright conflicts.

Find Inspiration – There is entirely nothing wrong with finding inspiration from the work of others. Don’t be afraid to seek out ideas and styles that appeal to you. Just don’t copy!

Explore The Public Domain – One of the safest places to take harbor from IP concerns is by working with materials contained within the public domain. Creative works found within Public Domain have no exclusive intellectual property rights. Any previous rights to the content expired were forfeited, waived expressly, or are inapplicable.

Speak With A Design Professional – Another way to assure that your logo and other branding elements don’t conflict with the copyrighted or trademarked material is by working with a design professional. A design professional understands all of the technical details of creating a one-of-a-kind design to reflect your brand or company. Further, they have access to a vast library of creatives in which to build something unique to their client’s requirements. The best designers are happy to take feedback and get ideas from their clients to spark their creative prowess. By working together with an expert who understands the concepts and images you wish to convey, you can get your message on track from the beginning.

Start the Conversation

Need a Trademark and Copyright compliant logo for your company or organization? Get in touch with the experts at Colleen Eakins Design to start the conversation today.

 

©2018, Colleen Eakins Design

Modern and Inspiring Logo Design Trends [ infographic ]

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Denese EakinsDenese is a lover of knowledge and puts her research skills and creative eye to good use with her infographics. When she’s not researching and designing visuals to present data, she spends time volunteering in her other passion–health education.

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Let's Learn About #LogoDesign History!©2018, Colleen Eakins Design

Let’s Learn About Logo Design History

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Logos are everywhere and remain a mainstay of branding. These powerful images and graphics communicate messages in a concise way designed to help influence consumers when making purchasing decisions.

Although many logo designs are simple, the way in which these identifying emblems get created is a fascinating combination of art and science.

Anyone who looks into the history of logo design learns quickly that much skill and thought goes into the undertaking. The fundamental concepts of logo design go all the way back to the Victorian era. During that period, designers were stepping up their games and creating symbolic illustrations to engage with and influence society. These symbols, like Coats of Arms, were frequently used to identify noblemen and other prominent people in the civilizations in which they existed.

Over the centuries, the concepts introduced by early designers continued to evolve to meet the needs of a progressing community. Images that once helped residents distinguish who ranked highly got transformed into concepts that represented governments, corporate entities, and organizations worldwide.

Logo Design During the Industrial Revolution

While the use of emblems, graphics, and symbols dates back to early Egyptian times, the Industrial Revolution is when the use of trademarks, logos, ideograms, and watermarks started getting mass adoption in the business community. The introduction of printed news and other materials made way for advertisers to spread messages and build their businesses – using symbols and convincing copywritten materials. Many of these early logos had simple designs, based on the printing and design technologies that were available during this period.

The advancement of typography and printing technology introduced a brand new way for business owners to connect with potential clients. A logo or a Masthead helped contribute to building brand recognition, even back in these early days. Business owners were empowered to advertise their goods and services to a broader audience of news readers in markets throughout metropolitan and developing rural areas.

As innovations in the printing and visual arts space advanced, the ability to print more elaborate and intricate designs opened up a new world not only for business owners, but for everyone who had an interest in reading about current events, local news, as well as books for entertainment and enlightenment.

These early publications helped form opinions and were the foundation for today’s more sophisticated and multi-channel advertising and marketing campaigns.

Logo Design In Present Day Applications

Fast forward to present day. A majority of companies and organizations use a logo or ideogram as a representation of their business interests when conducting enterprise, advertising, and running marketing campaigns. In some cases, a cogent logo may contain both an ideogram and the company name known as a logotype. A logotype emphasizes the name over the graphic, creating a unique design through the use colors, copy, and other graphic elements.

For multinational companies, the use of ideograms and symbols could prove more effective than plain written names, especially in cases when the logo gets translated into alphabets in increasingly globalized markets. It’s always worth noting that language barriers and cultural differences could make it so a logo or brand name does not translate easily – or as intended – across demographic groups.

For example, the Chevy Nova. While the car was wildly popular with American consumers when it was in production (before the Internet,) it struggled to make progress with Latino consumers. The simple reason for this issue was the use of the word “Nova.” When translated into Spanish, Nova literally means “no go.” As you can imagine, the choice of this brand name would not appeal to consumers who associated a new car purchase with a product that wouldn’t ‘go,’ as it were. This is a case when a little extra research could have quickly found the negative connotation associated with the language. However, since this branding and marketing faux pas happened quite some time ago, we can take a lesson on the importance of analysis when choosing a name for your branding efforts.

The Past and Future of Logo Design

The history of logo design is an interesting topic, and one that should get examined for further insights into how this media changed the world. Over the years this concept evolved from a way to identify dignitaries to a mainstream methodology for organizations and companies to set themselves apart from each other and their competitors.

When you’re talking about building a business, you’ll quickly learn that branding and logos work in synchronicity. You shouldn’t have one without having the other! By using your branding elements throughout all of your campaigns, you’re taking steps to build brand recognition in a cross-platform format.

In today’s digital age, business owners have more venues available than ever before to make a positive impact with potential clients. By keeping your branding and logos cohesive across your digital assets including your website, social platforms, and email marketing. Further, your branding and logo should get utilized on all printed assets including business cards, letterhead, marketing materials, product labels, internal and employee documents, and packaging.

If you offer a physical product, ensuring that your goods carry your logo and branding, along with a favorable packaging design for your items makes them more marketable when selling both online and offline.

Starting with Your Best Foot Forward

You’ll want to be sure to work with an experienced designer who understands the fundamental and advanced elements of branding and can provide creatives for all your needed purposes. By doing so, you assure that your products look fabulous when they are put on display or arrive at your customer’s doorstep.

Another advantage of working with an expert in the graphic design field is they are able to produce corresponding digital assets including banner ad creatives, infographics, whitepapers, and light papers.

Further, they can lend creative juice and insights into your logo and branding project, so that you get the best possible results from your investment in yourself, business, or organization. Ready to put your best foot forward? Contact us today to get your project started!

©2018, Colleen Eakins Design

Using Colors in Graphic Design: Understanding Color Basics [ infographic ]

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Denese EakinsDenese is a lover of knowledge and puts her research skills and creative eye to good use with her infographics. When she’s not researching and designing visuals to present data, she spends time volunteering in her other passion–health education.

Read more