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

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.

 

Using Colors in Graphic Design

Whether you are establishing a brand or updating one, don’t overlook the importance of using colors in graphic design to represent your organization.

Color theory and psychology date back to Egyptian times. Their observations and findings were that colors could affect people’s moods. In modern society, these same principles remain true.

By using colors in graphic design, you are setting the tone and building the foundation for your entire brand. Colors are subjective. Influences such as culture, other associations with the color, personal preferences, and additional factors impact how people perceive your brand just based on color!

Don’t forget, that hues and saturations can awaken distinct responses – either negative, positive, or neutral. Ideally, you want to choose a color that resonates with your product or service offering, audience, or customer base.

An Overview of What Colors Represent

Primary colors include red, blue, and yellow. When primary colors get combined, they create secondary colors. Secondary colors include orange; a combination of red and yellow; purple, a combination of red and blue; and green, a combination of blue and yellow.

Selecting a color that embodies your product or service plays a critical role in establishing your brand identity. Here are a few thoughts to consider when choosing the colors that represent your organization.

Subtle colors are more calming than harder colors on the spectrum. These softer colors, including purple, violet, and green, tend to not be as visible to people. Pastels and faded colors are harder to focus on, giving them a calming effect. Additionally, these soft shades and hues are believed to help boost concentration.

Hard colors, including orange, red, and yellow stand out, have higher visibility and make objects look more substantial and closer. They create a sense of excitability and responsiveness from a consumer standpoint.

The most calming color is blue. Additionally, blue is a color that helps build trust and loyalty. Blue is a preferred color for brands including Facebook, Twitter, Lowe’s, Skype, and Ford. From a color psychology standpoint, blue is said to be helpful for suppressing the appetite.

Pink stimulates the appetite. Further, it evokes femininity, the female gender, sensitivity, romance, and sweetness. Favorite brands that use the color pink include Barbie, Pink, Taco Bell, and Cosmopolitan.

Red, when used in restaurants, encourages patrons to eat more, eat quicker, and leave promptly. For these reasons, it should come as no surprise that the color red commonly gets used by fast food chains and other eateries as core parts of their branding elements. Further, when the color red gets used in casinos and bars, patrons tend to lose track of time.

Other common associations with the color red include sultriness, heat, confidence, and ambition.

Top brands that use the color red in their graphic design and branding elements include Walgreens, Coca-Cola, McDonald’s, KFC, Del Taco, Baja Fresh, Virgin Brands, and more.

The color yellow is cheerful. Not surprisingly, it is also the most visible and recognizable color. (Think about traffic signs!) Yellow is ideal for grabbing attention, projecting urgency, as well as spreading optimism and hope. Leading companies and brands that use yellow in their graphic design and branding elements include BestBuy, Subway, Sonic, IKEA, and Snapchat.

Orange is a color that conveys feelings of warmth, freedom, and optimism. Brands that use the color orange in their graphic design and branding campaigns include Blogger, Mastercard, The Home Depot, Firefox, Harley-Davidson, and Amazon. In marketing, the color orange is sometimes used to make expensive items appear less expensive, so could be worth considering if you’re offering a higher-end product or service to your client base.

Green is a color that represents growth, prosperity, generosity, and clarity. Other associations include health, positivity, and balance. If your product or service caters to wealthier clients, forest or other darker shades of green help you appeal to this target audience. Companies and organizations that implement the color green into their brand include BP, John Deere, Starbucks, Whole Foods, Holiday Inn, and Monster Energy Drinks.

If you want to project an air of luxury, respectability, and individuality, consider using purple as a significant element in your branding. Brands that use the color purple include Yahoo, Cadbury, Hallmark, Curves, and Aussie Haircare Products. All of these established brands have carved out a niche in their target demographic group.

White, inevitably, plays a role in graphic design. Whether it is serving as a backdrop for your website pages, white is integral in all clean, crisp, and fresh graphic design and branding elements.

On the opposite side of the spectrum, but equally important in graphic design, is the color black. Black often gets associated with sophistication, elegance, and simplicity. Brands that use black as a core component in their logos and other aspects of their graphic design include Coach, Chanel, Gucci, and Michael Kors.

It should come as no surprise that using black on white is the clearest and most comfortable for most people to read, printed on paper, or viewed using a monitor or handheld device. Since readability issues should always get considered during the design process, never overlook how keeping it simple can help move your brand ahead, just using clarity.

Don’t Be Afraid to Ask for Advice

If you are starting your business, the chances are good that you have a million details that need to get addressed! It’s OK to admit that you aren’t an expert in every aspect of your business model. If branding and graphic design isn’t your expertise, seeking the advice of professionals who specialize in this industry is a smart idea.

Additionally, we can assist established brands and organizations with all aspects of rebranding and enhancements to existing branded assets, including websites, graphic designs, printed materials, and other digital assets.

All you need to do is bring your concepts and let the team turn your vision into a reality. It’s that easy! Start the conversation by contacting the experts at Colleen Eakins Design today!

8 Options for Your Integrated Marketing Strategy [ infographic ]

Colleen EakinsColleen Eakins is a dynamic and creative individual that possess a knack for great design. With over 15 years of experience in the field of graphic design, Colleen is able to effectively brand her clients with great design pieces. Her motto is: “Anyone can make a pretty picture, but is it effective? Will it […]

Direct Mail Directly Connects You to Customers and Clients

When you are putting all of the pieces together for a successful marketing strategy, you want to consider all the various options that are available to you.

With the push to digital marketing, sometimes it’s easy to overlook how offline marketing tactics such as direct mail can contribute to a well-rounded advertising campaign. A finely-tuned digital marketing campaign and direct mail campaign can be an unbelievable combination when it comes to marketing success.

Connect with Clients in Their Mailbox

According to data provided by statista.com, the marketing spends on direct mail marketing in the United States was 46 billion dollars in 2014. Statistics for previous years going back to 2009 indicate that the spend on direct mail had increased over these years. 2009 had the lowest spend at 43.8 Billion and climbed to 46 billion by 2014.

Direct mail is straightforward, customizable, and something that recipients can hold in their hand. As a physical piece of marketing material, people are more likely to hang on to this marketing piece than they are an email which is quickly deleted and forgotten.

Further, when implementing a direct mail campaign, you get the opportunity to select and adjust your target audience to demographics who are most likely to respond to your offer. Depending on your offer, direct mail can be sent to marketing lists based on existing customer lists, zip code, public records, or other vital criteria that help match you with your ideal customer.

Existing Customer List – It should come as no great surprise that the most lucrative direct mailing list you’re likely to own is the one you’ve built from your existing client list. By sending an occasional postcard or a special offer for events like birthdays and anniversaries, you help keep your brand fresh in your client’s mind. Plus, it’s thoughtful! If you maintain an accurate CRM that’s complete with all of your customer data, this is a bounteous resource to tap into when direct mailing.

Targeting by Zip Code – Do you want to reach out to a general population? Targeting by zip code is the way to do it! This type of direct mail campaign is helpful for restaurants, shops, realtors, home repair and renovation businesses, landscapers, and other companies that only operate in a specific geographical area to connect with potential clients.

Public Records – Depending on the nature of your business, public records can be a helpful resource for building your direct marketing campaign. For instance, someone who sells insurance could use public records to find new homeowners who might be in need of additional insurance coverage or a review of their existing policies. Since public records document the names of all new homebuyers, this is an advantageous way to open up communication with the new family in the neighborhood.

Other Vital Criteria – For companies who sell digital products or services or don’t limit their sales area to any one geographic area other vital criteria can get used for producing a lucrative direct mailing campaign.

Direct Mail Design and Printing Services

With all of the technology available to companies, direct mail advertisers don’t have to settle for the mundane when arranging a campaign. Regardless of whether you send postcards or do printed inserts, direct mail solutions are strategic and can get carefully crafted with coupons, offers, QR codes, and other pertinent information.

Direct mail doesn’t face some of the obstacles that email does, such as opt-ins, opt-outs, unsubscribes, bounce messages, stringent email filters, and spam complaints. For this reason, it is ideal for reaching broad audiences who may or may not be familiar with your products, services, or brand. When delivered directly through the mail, your message is more potent. Out of habit, people have to look at it! Postcards and inserts sent directly to recipient’s physical mailbox could get instant responses or get put aside to respond later at a more convenient time.

As with any marketing campaign, you’ll want to assure that design of your piece is clear, concise, and professional. By using all available print space in an eye-catching way while providing all pertinent details including corresponding website URLs, contact phone numbers and coupon codes.

Tracking Results

Another significant advantage of using a direct mail campaign is that you can use these advertisements to track your return on investment for the ads accurately. For instance, if you are offering a coupon, you can use a special code that people must use to redeem the offer. Provided this ‘special’ code isn’t used in any other ad campaigns, you’ll know that anyone who used the unique coupon code came directly from the published ad.

For business owners with a traditional ‘brick and mortar’ storefront, you can gauge response rates based on physical coupon redemptions and other beacons that indicate the customer made a purchase based on a direct mail promotion or offer.

Other ways to track the results of a direct mail program is by setting up special phone numbers for people to call for more information. Generally, this type of market segmentation is conducted by larger marketing companies who may be testing new markets, tracking target demographics, or wanting to offer a local number in multiple markets.

Conversions and call volume could help when deciding what markets are most lucrative, and therefore deserve a higher ad budget spend. Additionally, specially allocated phone numbers can be used in other types of marketing campaigns including radio, different types of print advertising, as well as digital campaigns.

Designing A Direct Mail Marketing Piece That Works

Would you like to learn more about how a direct mail marketing campaign can help propel your business to the next level? If you answered ‘yes’ to this question, be sure to contact the experts at Colleen Eakins Design! With years of experience helping businesses with their design and marketing needs, you can rely on the team to boost your visibility and improve your results.

5 Direct Mail Marketing Ideas [ infographic ]

Colleen EakinsColleen Eakins is a dynamic and creative individual that possess a knack for great design. With over 15 years of experience in the field of graphic design, Colleen is able to effectively brand her clients with great design pieces. Her motto is: “Anyone can make a pretty picture, but is it effective? Will it […]