The best way to establish a strong brand is to protect all that identifies it. These identifiers help carve out a unique space for your brand in the market, and they set you apart from your competition.
Your logo is one of these identifiers. It is the visual representation of your brand that embodies its identity, values, and mission. It will always be at the forefront of your marketing campaigns so that your market can easily recognize your brand. Imagine if someone copies and misuses it to confuse your customers or market it to represent your brand in a deceptive manner; if anyone can freely copy your logo, you’re only setting up a brand that will eventually lose its credibility and reputation.
By protecting your logo, you’ll never have to worry about others using it without consent. You will also be able to maintain the authenticity, uniqueness, and trustworthiness of your brand.
In this article, we will walk you through the legal aspects of logo protection, and provide you with step-by-step guides on how to apply for a trademark and copyright. We'll also teach you how to handle infringement cases. Lastly, we'll give you tips on how to design a logo that is unique to your business.
Overview of the Legal Aspects Involved in Logo Protection
There are various ways how you can safeguard your brand’s logo and its other identifiers. Here are some terms and laws you might want to be familiar with:
1. Trademark Law
The trademark law exists to protect the marks of a company or a brand (e.g. distinctive names, symbols, slogans, and designs). This legal framework grants exclusive rights to the owner of their trademark.
This legal framework protects a brand's marks (e.g., distinctive names, symbols, slogans, designs, etc.). This grants the trademark owner the exclusive rights to use these identifiers. It also prevents other entities from using them, which may confuse consumers. Thus, trademark law provides protection to safeguard your brand's value and market position.
When you get a trademark for your logo, you'll have the sole right to use it for any business purpose or trade. You will also gain the ability to enforce your rights against infringement. You can also pursue monetary damages to cover the losses incurred from it.
2. Copyright Law
Trademark law and copyright law both protect intellectual property. However, they serve different purposes. Trademark law protects your brand identifiers. Copyright law, on the other hand, protects original works of authorship.
Copyright protection applies automatically when an original design, music, or literature is completed. This means that a creator does not need to take any steps to be protected by copyright law. However, although not required, one can still register his/her work for public record and additional legal benefits.
3. Unfair Competition Laws
Unfair competition laws aim to protect brands from unethical or deceptive business practices. They help maintain fair competition within the marketplace. These laws include stealing trade secrets, false advertising, and misleading trade practices.
In the context of logos, these laws can protect you from those who use your logo without permission. They might do this to benefit from your market presence, tarnish your reputation, or cause consumer confusion.
4. International Protections
Logo protection at an international scale requires a deep understanding of global IP laws. Each country has its own trademark and copyright laws so you should know about them too. You can learn international trademark and copyright laws by visiting INTA and WIPO. Taking courses from platforms like Coursera, Udemy or edX can help expand your knowledge regarding these, too.
Steps on How to Apply for a Trademark of Logo
Source:ibreakstock from @gettyimagespro
STEP 1: Conduct a trademark search to make sure that your logo is unique.
You need to conduct due diligence before filing for a trademark. First, this could help ensure that your logo is unique and not copied. Second, you could guarantee that you don't violate others' rights.
You can do your research through the following websites:
- USPTO Trademark Search - The USPTO has a comprehensive database where you can check or search for registered trademarks in the United States.
You can use the 'Word Mark' search option to check the same texts from registered brands. On the other hand, you can use the 'Mark Description' to search for keywords relevant to your logo. For example, you can type in: 'bear' or 'wings' if you want to find registered logos that use these elements.
- WIPO Brand Logo Search - Using this platform, you can upload your logo and it will generate results of globally trademarked designs similar to your image.
- EUIPO eSearch plus - Similar to WIPO Brand Logo Search, you can upload here your logo and check other trademarked logos in the European Union.
STEP 2: Prepare and File a Trademark Application with the Relevant Authorities.
File your trademark application with relevant institutions. Prepare the necessary documents that confirm the uniqueness of your logo design and any document that’s required by the institution. Always review the information you’ve stated in your documents to prevent delays or possible rejections. Paying your filing fees is also included at this stage so make sure that you prepare the required amount.
STEP 3: Follow Up on the Application Process and Respond to Any Office Actions or Objections.
If an examiner finishes reviewing your documents, he/she may ask for additional information, so be prepared to submit them. After that, you have to follow up on your application process. Once your application is approved, third parties will be allowed to oppose the registration for a specified number of days. If no opposition is filed or if any opposition is resolved in your favor, then your trademark proceeds to registration.
After successful completion of these steps, you will receive a certification of registration from the institution where you’ve applied your trademark.
Copyrighting a Logo
STEP 1: Assess Your Logo's Eligibility for Copyright Protection
Before applying for copyright, confirm that your logo qualifies for protection. It must be original and exhibit a certain degree of creativity. Logos made from simple shapes or text might not meet the eligibility criteria.
STEP 2: File Your Copyright Application
Submit your copyright application to the appropriate authorities. In the U.S., this is handled by the U.S. Copyright Office. Gather all necessary documents, including a filled application form, a copy of your logo, and the required fee. Unlike trademark applications, the copyright process does not require proof of use in commerce or evidence of uniqueness. Instead, it focuses solely on the originality and creativity of the work.
For global coverage, you can file through the World Intellectual Property Organization (WIPO), which facilitates copyright applications across multiple countries. The European Union Intellectual Property Office (EUIPO) provides copyright protection within the EU. Additionally, you may need to apply directly to specific national copyright offices depending on your target regions.
STEP 3: Monitor Your Application
After submission, be ready to provide any additional information if requested. Once reviewed and approved, you will receive a registration certificate. This document officially protects your logo under copyright law. Unlike trademarks, which need to be renewed periodically, copyright protection lasts for the life of the creator plus an additional 70 years in most jurisdictions.
How to Handle Infringement Cases
Handling infringement cases requires careful steps to ensure your rights are protected. First, gather evidence of the infringement. Document all instances where your work was used without permission. This includes screenshots, URLs, and dates. The more detailed your evidence, the stronger your case will be.
Next, reach out to the infringing party. Often, a cease and desist letter can resolve the issue. This letter should clearly state your ownership rights and demand the immediate stop of unauthorized use. If the infringer doesn’t comply, you may need to escalate the matter. Consulting with an intellectual property attorney is crucial at this stage. They can help you understand your legal options and represent your interests in court if necessary.
Taking these steps seriously can help protect your intellectual property and ensure that any infringement is addressed promptly and effectively.
Tips on How to Create a Unique Logo
Creating a unique logo that is not easily copied can take time and effort. It requires a thoughtful and strategic approach. Here are some tips to help you design a distinctive logo:
1. Start with brand identity.
Your brand identity is the core of your company's values and personality. It shapes how your customers, employees, and the market perceive your brand. You should deeply understand what your brand stands for. Then, you should identify what makes the brand unique compared to its competitors. This understanding will help you craft a logo that genuinely reflects your brand's identity.
2. Create Custom Elements
Customize instead of using standard fonts and generic symbols. Modify existing fonts and design unique symbols and icons to give them a different look. If you can, design symbols that represent your brand's key aspects. Make them from scratch. This will make the design harder to replicate.
3. Use of Color
Choose a unique color palette that stands out but also aligns with the brand's identity. The use of color can greatly influence the perception and memorability of a logo.
4. Incorporate subtle complexity.
Add subtle, intricate details that contribute to the uniqueness of the logo. You can also obscure these details to make it harder for others to accurately copy them.
Consider using layered elements or depth to add complexity. This can include shadows, gradients, or 3D effects.
5. Avoid clichés and trendy designs.
Avoid design clichés and overly trendy elements in your logo. Over time, they will be outdated and will not be relevant to your market anymore. Aim for timeless design—one that speaks about your brand. Take, for example, brand logos like that of Nike, Coca-Cola, or Apple. They don't follow any trend, but their logo still speaks volumes about what they are as a brand after many years.
6. Do a trademark search.
Before finalizing the logo, conduct a trademark search. This is to ensure that it does not resemble any existing logos and avoid any legal disputes in the future. On the other hand, if you want to check a similar competitor’s logo, you can do the same process. You can use a logo background remover tool to isolate the logo and do a trademark search.
As a designer, this should belong to your standard operating procedure. An effective designer will always ensure that his/her designs are original.
7. Use Logo Designer Tools
You are always free to use professional design software to create a logo for your brand. It could be cost-effective, easy, and require no expert design skills.
You can use free logo-maker tools that use the power of artificial intelligence that are trained to create logo designs based on your preferences and you can customize as you want.
Conclusion
You must consider protecting your logo as soon as you can. When you are offering great products and services, you’ll surely meet competition who will try to copy you. Don’t let anyone take advantage of your efforts and topple your dreams of becoming a great and established brand.
The best offense is indeed a good defense. If you want to be competitive in your market, make sure that no one can easily put you down. Do everything you can to protect what matters to you. Do your due diligence, learn as much as you can, and take action.
Good luck.
