When it comes to protecting your logo, it’s important to understand the two primary options: copyright and trademark. While both offer different forms of protection, the choice you make can have a big impact on how your logo and brand are safeguarded.
Understanding Copyright Protection
Copyright grants you the right to control how a creative work is used. It includes rights such as:
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Copying and reproducing the work
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Distributing copies of the work
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Publicly performing or displaying the work
However, these rights often don’t fully apply in the case of a logo. For example, public performance rights may not be relevant to a graphic design. That said, a logo with enough original creative work can be copyrighted because it meets the standard of “work of authorship.”
So, if your logo has unique elements that reflect original creativity—like custom graphic design or artistic features—it can qualify for copyright protection.
Trademark: The Stronger Option for Brand Protection
On the other hand, trademarks are specifically designed to protect identifiers of goods and services—including names, slogans, and logos. A trademark serves as a powerful brand marker. When people see your logo, they immediately associate it with your business and the goodwill you’ve built over time.
For example, if someone sees your logo and thinks, "Oh, that’s Kim’s business and she offers these specific services," that logo is serving as an identifier of your brand. That’s what trademarks are all about—protecting your business’s identity and the trust that comes with it.
Copyright vs. Trademark: Which One Should You Choose?
If you’re deciding between copyrighting or trademarking your logo, here are some key points to consider:
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Cost: Copyright protection is typically much cheaper than trademark registration. If a client is on a tight budget, copyrighting the logo can be a good starting point.
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Strength of Protection: A trademark provides much stronger and broader protection for logos. It ensures your logo identifies your goods and services, preventing others from using a similar design in the same industry.
If you’re only able to choose one option, trademarks are generally recommended because they offer stronger, long-term protection for your brand. However, there’s nothing stopping you from pursuing both! You can copyright the logo first (since it’s cost-effective) and trademark it later—as long as no one else has claimed the trademark in the meantime.
Final Recommendation
For businesses that want to fully protect their logos and brand identity, trademark registration is the best choice. But for those who don’t yet have the resources, starting with copyright can still provide valuable protection.
Remember, your logo is more than just a design—it’s the face of your business. By protecting it, you’re protecting the reputation and trust you’ve built with your customers.