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.