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If you have designed a business logo, you will want to ensure it is protected. Logos are a form of intellectual property and can be a key component of your branding. They are therefore highly valuable assets for your business. This article will discuss how to protect your business logo through trade mark registration and copyright. It will also consider some key legal points you may find helpful.
Trade Mark Protection for Logos
A logo is one form of a trade mark. Some businesses with famous logos include:
- Coca Cola;
- McDonalds;
- Nike;
- Apple; and
- Microsoft.
While the law grants you limited trade mark protection over your logo automatically, your best bet is to register it. This will grant you the best protection against others using your logo without your permission. This includes taking legal action against them and suing them for damages.
Trade Mark Registration for Logos
You will register your trade mark through the Intellectual Property Office. Before you do so, you should conduct a check against currently registered marks. This is because trade mark law requires that your logo be distinctive and unique within your industry. Therefore, you must ensure that your logo is distinct and does not infringe upon other marks.
You may wish to consult an intellectual property solicitor in the course of registering your logo.
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Copyright Protection for Logos
Whilst trade mark protection is an important IP right to consider for logos, copyright can also play a part in protecting your logo.
Provided your logo displays features of artistic creativity, it may qualify for copyright protection. Compared to trade mark registration, which lasts for 10 years initially before requiring renewal, copyright lasts for as long as 70 years.
Using Symbols to Assert Your Rights
The © symbol can be used in the UK to show other businesses that your logo is protected by copyright anytime after it has been created. It is advisable to demonstrate this protection in order to deter others from using it without permission. Further, if you register your logo successfully as a trade mark, you can use the ® symbol to display your exclusive rights over this mark. IP rights are important to both demonstrate and protect. By displaying your rights through symbols, it acts as an important warning to others not to infringe on your rights as you are willing to protect them if necessary.
Key Takeaways
You can protect your business logo by registering it as a trade mark with the Intellectual Property Office. This will grant you the automatic right to restrict others from using the logo without your permission. Additionally, your logo may qualify for copyright protection if it is sufficiently artistic.
If you need help or advice around copyright or trade mark registration, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Logos are a very common type of trade mark but you must show that your logo is unique and distinctive in order to successfully register it with the Intellectual Property Office.
Logos are usually protected through trade mark registration. However, they can also benefit from automatic copyright protection if they are artistic or original pieces of work. This means they can benefit from multiple types of intellectual property protection.
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