Your logo is basically your brand's face. And just like you wouldn't let someone nick your identity (awkward passport photos and all), you shouldn't let anyone pinch your logo either. Getting proper protection for your logo isn't the most thrilling task on your to-do list (right up there with filling tax returns), but it's important. Think of trademarks and copyrights as your logo's personal bodyguards - they're there to keep the copycats at bay.
What is a trademark?
A trademark works as your brand's legal protection. It safeguards the distinctive bits that make your brand recognisable - your symbols, words, designs, and anything else that shows customers who you are.
Those golden arches from McDonald's and Nike's swoosh stand as prime examples. A trademark gives you exclusive rights to use your brand elements in your industry. Should someone try copying your look, you'll have legal backing to protect your brand. Essentially, when you trademark your logo, you're securing your spot in the market.
What is copyright protection?
Copyright protects the artistic elements of your logo from the moment you create it. While trademarks handle the business side, copyright focuses on your design as a creative work.
This protection stops others from copying, changing, or showing off your logo's artistic bits without permission. The moment your design exists - whether as a sketch or final file - copyright kicks in automatically.
Registering your copyright adds extra muscle to your legal protection. Should someone try passing off your creative work as their own, a registered copyright gives you solid ground to take action.
Much like having a receipt for your creative work, copyright registration proves you made it first. The registration strengthens your position if you need to legally defend your design.
(Source: g2)
The best of both worlds
When it comes to protecting your logo, both trademarks and copyrights offer unique advantages that strengthen your brand's legal position in different ways.
Trademark benefits
Trademarks secure vital business benefits that shape how your company operates in the marketplace.
Market exclusivity: You gain the exclusive right to use your logo in your specific industry and legal power to stop any lookalikes that could confuse customers.
Nationwide priority: Federal registration gives you priority rights across the entire country, even in regions where you're not currently operating.
Deterrence power: The ® symbol warns off copycats and backs your legal rights.
Asset value: Your trademark works as a business asset for licensing and loans.
Customs protection: Federal registration provides additional defence against counterfeit goods.
Copyright benefits
Copyright protection offers distinct advantages focused on preserving creative control:
Automatic protection: Your logo's artistic elements are protected from the moment of creation, without requiring registration.
International coverage: Through the Berne Convention, your rights span 179 countries through international agreements.
Creative control: You maintain full control over how your logo gets used or changed.
Statutory damages: Registration lets you claim legal fees in infringement cases, without proving financial harm.
Long-term protection: Lifelong protection plus 70 years keeps your design safe.
Shared benefits
Both forms of protection offer the following overlapping advantages:
Legal standing: Both give you the right to sue infringers in federal court.
Protection evidence: Registration creates public records of your ownership.
Licensing options: Both rights can be licensed to others for revenue generation.
Brand value: Together, they create a comprehensive shield for your brand's visual identity.
When to use each option
Understanding when to prioritise trademark versus copyright protection can help you make strategic decisions about safeguarding your brand. While both forms of protection are valuable, each serves distinct purposes at different stages of your brand's journey.
Trademarks matter most when
Your logo works actively in the market to show customers who you are. The trademark keeps competitors from using similar designs that might muddle customer choices. This protection becomes essential when growing into new markets or business areas.
Copyrights matter most when
Copyrights for logos are most valuable when your design has significant artistic elements. The more creative and unique your logo, the more copyright protection matters. Through the Berne Convention, this protection extends globally, safeguarding your artistic work in member countries worldwide. While trademarks protect your logo's commercial use, copyright specifically protects the artistic and creative aspects of your design.
Trademark vs. Copyright
Knowing the key differences between trademark and copyright helps you make smarter choices for protecting your brand.
Protection focus:
Trademarks defend your brand identity in the market
Copyright safeguards your creative design work
Time limits
Trademarks stay active with renewals every 10 years
Copyright lasts your lifetime plus 70 years
Geographic coverage
Trademarks need registering in each country you trade in
Copyright kicks in worldwide through the Berne Convention
What can you safeguard?
Your brand visuals need different types of protection. Understanding what each safeguards helps you avoid unpleasant surprises later. While trademark and copyright overlap sometimes, they each guard different aspects of your brand's identity.
Under trademark protection
Marketplace identity needs solid trademark protection. This secures all the visual and verbal elements customers recognise:
Names and logos
Design elements that stand apart
Catchphrases and slogans
Brand colour combos
Special packaging looks
(Source: Pearlfisher; Marketing Brew; Aurora PWA; Cleartax)
Under copyright protection
Your brand's artistic and creative elements gain copyright protection automatically, including:
Original artwork and illustrations
Creative logo compositions
Unique graphic elements
Digital design files
Artistic arrangements
(Source: Colin J Bell)
Understanding protection symbols
The use of protection symbols not only indicates your rights but also serves as a deterrent against potential infringement. Each symbol means something different legally, so here's what you need to know:
Trademark Symbols
Let others know the status of your trademark to competitors and the public:
® - Registered trademark (use only after federal registration)
™ - Unregistered trademark (can be used immediately)
SM - Service mark (for service-based businesses)
(Source: Gestalt)
Copyright Symbol
Shows everyone your creative work is protected:
© - Indicates copyright protection
When you created it
Who owns it
(Source: TL Innovations)
Importance of registration
While some protection exists automatically, registration provides crucial benefits.
Why register your trademark:
Trademark registration offers vital protections beyond common law rights.
Legal standing and protection: Common law rights emerge through commercial use, yet federal registration substantially strengthens your standing. Registration establishes ownership records and provides nationwide protection, extending beyond your active business regions.
Market distinctiveness: Registration maintains your brand distinctiveness. Your logo reaches global audiences instantly through digital channels. Preventing similar mark usage protects customers from confusion while preserving brand strength.
Business growth opportunities: A registered trademark becomes invaluable during business expansion. You gain the ability to enter new markets confidently, license your brand, establish franchises, secure international rights through the Madrid Protocol, and prevent counterfeit imports through customs.
Asset value enhancement: Registered trademarks function as tangible business assets. They serve as loan collateral, contribute to company valuations, generate licensing revenue, and remain transferable when needed.
Why register your copyright:
Copyright protection starts automatically upon creation, yet registration provides significant advantages.
Legal enforcement power: You need registration to take legal action in federal court. Without it, you have few ways to protect your work. By registering early, you can claim damages, recover legal fees, and pursue penalties against deliberate copycats.
Evidence of ownership: Registration gives you official documentation of when you created your work, who owns it, and its unique qualities. This documentation becomes vital if legal issues arise.
International protection: The Berne Convention protects your work across borders automatically. Registering in your home country makes it easier to defend your rights worldwide and set up licensing deals abroad.
Digital protection: Registration helps you fight back against online copying, theft, social media misuse, and website duplication.
The cost of not registering
Failing to register creates significant vulnerabilities.
Financial impact: Missing registration opportunities leads to lost licensing revenue, unavailable statutory damages, increased enforcement expenses, and potential market share erosion.
Legal challenges: Ownership verification becomes difficult, enforcement options diminish, litigation costs rise, and market rights face potential loss.
Business risks: Brand dilution occurs, customer confusion increases, market value decreases, and expansion opportunities become restricted.
Strategic disadvantages: Dispute negotiations weaken, investor attraction diminishes, international protection limits expand, and counterfeiting vulnerability increases.
What can't be protected?
Understanding what elements fall outside the scope of protection is just as crucial as knowing what can be protected. This knowledge helps you focus your protection efforts on eligible elements and avoid wasting resources on unprotectable aspects.
Trademark limitations
The trademark system is designed to protect distinctive brand identifiers, not common elements that all businesses should be free to use. Therefore, the following elements cannot be trademarked:
Generic terms and common phrases: Terms that simply name what the product is (like "Shoes" for a footwear store) cannot be trademarked as they must remain available for all businesses to use.
Purely descriptive elements: Words that merely describe product qualities (such as "Fast" delivery service) are not eligible for trademark protection unless they develop a secondary meaning through extensive use.
Geographic terms: Simple location names (like "Chicago Pizza") cannot be trademarked unless they acquire distinctive meaning beyond their geographic reference.
Functional features: Elements that serve a practical purpose rather than a brand-identifying function cannot be trademarked, as this would unfairly restrict competition.
Copyright limitations
Copyright protection is reserved for original creative expressions, excluding basic building blocks of design that should remain freely available to all creators:
Basic geometric shapes - Simple circles, squares, or triangles on their own cannot be copyrighted as they are fundamental design elements everyone needs access to.
Standard typefaces - Common fonts and basic typography styles remain in the public domain to ensure widespread availability for communication.
Common symbols - Universal symbols (like arrows or basic icons) are not eligible for copyright protection as they represent standardized visual language.
Ideas or concepts - Copyright protects specific expressions, not the underlying ideas. For instance, you can't copyright the concept of using an animal in a logo, only your specific artistic rendering of that animal.
Famous Cases of Protection in Action
1. Louis Vuitton vs. Louis Vuitton Dak
When a South Korean fried chicken restaurant adopted the luxury brand's name and similar branding, Louis Vuitton's trademark protection enabled them to force changes to prevent brand dilution.
(Source: Branding in Asia)
2. Adidas vs. Forever 21
Adidas's famous three-stripe trademark proved invaluable when Forever 21 used similar stripes on clothing. The subsequent lawsuit demonstrated the power of registered trademark protection.
(Source: The Fashion Law)
3. Starbucks vs. Sardarbuksh
The global coffee giant's trademark rights allowed them to challenge an Indian coffee chain's similar name and logo, resulting in required changes to protect brand distinctiveness.
(Source: J.P Associates)
Ready to protect your brand?
Protecting your logo through trademark and copyright registration isn't just about legal rights - it's about securing your brand's future. These protections serve as the foundation for building lasting brand value and maintaining market distinctiveness.
Ready to create a logo worth protecting? Our DesignGuru founders, Will and James, understand both the creative and strategic aspects of brand identity. Let's design something that's not just visually striking, but also built to stand the test of time – and the scrutiny of trademark offices worldwide. Book a call with us today and take the first step toward a brand identity that's both memorable and defensible.
(Blog Cover Image: Brandmarketingblog; Epiphany Law; Graphicdesign )
Cailyn works across digital marketing and content creation, producing social media content, blog articles, and marketing materials. She has a keen interest in brand storytelling and audience engagement, ensuring content is both impactful and aligned with marketing goals.
