1. Should a logo be copyrighted or trademarked in the US?
In the United States, protecting a logo generally involves trademarking rather than copyrighting. Here’s the difference and why trademark is usually the better option for logos:
- Trademark: Trademarks protect symbols, names, and logos used on goods and services to identify the source of the goods and services and distinguish them from others in the market. Registering a trademark gives you exclusive rights to use the logo in connection with the goods or services listed in the registration. This prevents others from using a similar mark in a way that could confuse consumers about the source or affiliation of goods and services.
- Copyright: Copyright protects original works of authorship, such as books, music, and art. It automatically applies from the moment the work is created and fixed in a tangible medium. While a logo might qualify for copyright protection as a graphic design or artwork, copyright does not protect aspects like the branding or commercial identity conveyed by the logo. Copyright primarily prevents others from copying or reproducing the copyrighted work itself.
For logos, trademark protection is more relevant because it specifically protects the usage of the logo as a brand identifier in the marketplace. By registering a trademark for a logo, you ensure that you have legal recourse to prevent other businesses from using logos or similar symbols that could potentially mislead consumers by implying a false association with your brand.
To trademark a logo, you typically need to file an application with the United States Patent and Trademark Office (USPTO), demonstrating that the logo is being used in commerce or you have a bona fide intention to use it in commerce. The process includes a search to make sure your logo does not infringe on existing trademarks, and public notice of your trademark application to allow others the chance to object if they believe your trademark could infringe on their rights.