This means both the terms protect your intellectual property, but different its aspects. To specify, trademark protection relates more to confusion in the global/local market, rather than to the unauthorized use of the logo. If you don't have a trademark or copyright you may not be able to sue another party for infringement on your logo.Īs we already established, copyright is responsible for the ownership of the artistic work, while trademark a logo only protects your brand authenticity. Logo design protection is a complex part of intellectual property law because they often overlay.Īnyway, when it comes to making a choice between them, a lot of doubts comes up, hence many logos initially qualify for both copyright and trademark. It may take time to get final approval for a trademark or copyright, but starting the process preserves your legal rights to ownership and thus legal remedy. Read more about the Copyright law on Wikipedia.Ī dilemma: copyright or trademark, or both? Still have some questions that remain unanswered? So after the logo is selected, and no further changes need to be made, I sign a written contract, that states I am transferring all ownership and copyright to my client. Neither is it a 'given' when invoices are paid, and designer and client part ways. The logo rights that has to be initiated by the designer, or suggested by the client. While a logo designer automatically gets the copyright, the transfer of the existing copyright to the client, isn't done automatically. How to transfer a logo copyright to the client? That's why you must must transfer the copyright to the client at the time of the logo artwork delivery. Since your copyright is registered federally, you are in charge of your property usage, publishing, distribution, and presentation to the audience. When you register the copyright, you are able to sue everybody, who tries to copy your work or exploit it for his own purposes. Since copyright can’t protect a name, colors or the design of the logo, most simple logos simply do not have the required level of creativity to be considered copyrightable. Many logos, however, do not - this is one difficulty about logo copyright registration. In order for a work to have copyright protection, it must reach a requisite level of creativity. The application process of both copyright and trademark takes time to get final approval, but by starting now you preserve your rights to ownership and thus legal remedy.On the other hand, if you don't have a trademark or copyright you may not be able to sue another party for infringement of your logo.Ĭopyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works, and the right to perform or display their works publicly. ℠ for the unregistered service trademark.There are different symbols for trademark protection: Trademark is made to prevent confusion in the company’s marketplace. The biggest difference between them is that copyrighting won’t protect your brand’s name and logo from infringement, but a trademark will.Ī common symbol for the copyright is ©, but you can also add ‘Copyright’ or ‘Copr.’ and even your name and year the work was published.For example "© 2018 by ebaqdesign" at the bottom of my website claims right to everything on it. Copyright is made for artistic works protection (i.e. In order to have a better understanding of how copyright and trademark work, it’s helpful to know which type of intellectual properties each one protects. Trademark covers business names, slogans and other items used to identify it in the marketplace. Copyright covers creative works of expression fixed into a tangible medium of expression.How simple it is, when you hear intellectual property attorneys describe the difference of both: copyright and trademark laws. I recommend using The Trademark Factory as they offer 100% money back guarantee (in case your trademark application is rejected). No matter the size or the industry your company operates in, you should file for logo trademark yourself or hire a trademark attorney to do it for you. Trademark your logo to protect it from being stolen. There are many unscrupulous people out there ready to infringe on your creative intellectual property. Your brand name was chosen, your logo was designed and the logo files were delivered-now you need to protect your brand assets.
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