How do you copyright a logo?

ozduc

14 years ago

I may be wrong but I think that would fall more under the category of a Trademark than a copyright issue.

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Hamnkapell

Banned 14 years ago

[DELETED]

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marketguy 14 years ago

ok. i am confused. so i need to trademark it?
i am not actually selling anything per say, so is it even needed, or is the act of creating the symbol by itself giving me some sort of protection from anyone copying it.
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JMB Marketing Group

14 years ago

Originally Posted by marketguy

Fellow warriors,

i would like to create a loge for my websites, but i do not know, how i can get it copyrighted. If someone could tell me, i would much appreciate it.

thank you

Hi Market Guy,

I'm a little confused as to exactly what you mean:

1. Do you want to copyright a corporate logo that you have created for an identity?

OR

2. Do you want to learn how to type the copyright logo to show that your work is protected by copyright laws?

Therefore, I have found this for you (actually, I had this information booked marked in my favourites for reference).

The Copyright Logo (Symbol):
The copyright logo is just another term or saying for the copyright symbol. The logo that is used to show that your work is copyrighted. There is no difference between a copyright logo and a copyright symbol. They are both one and the same thing.

The basis behind putting the copyright logo on your website, is to deter people from stealing or using your work - without your permission. If you place the copyright logo on your website, or on your song, music, poem or any work that is your own creative expression - then it shows people that you understand what your rights are.

Copyright a Logo (Corporate Identifier):
This is where you have created a logo for corporate or business use, and you want to ensure that no-one else uses it for their benefit. IE - copyrighting a logo. Therefore, you need to know how to copyright a logo for your own protection. HOWEVER - there are differences between copyrighting a logo and trademarking a logo. It is best to seek legal advice on this matter.

Hope this helped, Market Guy.

Cheers,

JMB

Thanks

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jacktackett

14 years ago

Typically you would trademark a logo - since typically its not possible to copyright it - but typical != always. First IANAL, so anything I say should be taken with a grain of salt - and next - for a great overview of this very discussion, check out the following link :

Trademark, Copyright and Logos | PlagiarismToday

Jonathon's blog is an excellent resource for copyright information.
best,
--Jack

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marketguy

14 years ago

Originally Posted by JMB Marketing Group

Hi Market Guy,

I'm a little confused as to exactly what you mean:

1. Do you want to copyright a corporate logo that you have created for an identity?

OR

2. Do you want to learn how to type the copyright logo to show that your work is protected by copyright laws?

Therefore, I have found this for you (actually, I had this information booked marked in my favourites for reference).

The Copyright Logo (Symbol):
The copyright logo is just another term or saying for the copyright symbol. The logo that is used to show that your work is copyrighted. There is no difference between a copyright logo and a copyright symbol. They are both one and the same thing.

The basis behind putting the copyright logo on your website, is to deter people from stealing or using your work - without your permission. If you place the copyright logo on your website, or on your song, music, poem or any work that is your own creative expression - then it shows people that you understand what your rights are.

Copyright a Logo (Corporate Identifier):
This is where you have created a logo for corporate or business use, and you want to ensure that no-one else uses it for their benefit. IE - copyrighting a logo. Therefore, you need to know how to copyright a logo for your own protection. HOWEVER - there are differences between copyrighting a logo and trademarking a logo. It is best to seek legal advice on this matter.

Hope this helped, Market Guy.

Cheers,

JMB

i am simply trying to create a brand for myself, not a product. i want to create a logo that would be instantly associated with my name as an author.

Originally Posted by jacktackett

Typically you would trademark a logo - since typically its not possible to copyright it - but typical != always. First IANAL, so anything I say should be taken with a grain of salt - and next - for a great overview of this very discussion, check out the following link :

Trademark, Copyright and Logos | PlagiarismToday

Jonathon's blog is an excellent resource for copyright information.
best,
--Jack

thanks for the link. very useful information there.
now that i realize how costly it is to trademark something, i have another question:

do i have any protection against plaigerism, even if i do not register my logo?

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JMB Marketing Group

14 years ago

If you don't register your logo, then NO, you are NOT fully protected by the law. You need to be able to prove that you created it first. That's the chance you take for not registering your logo, although it's not necessary to do so.

Check out these Government sites for further information:

Stopfakes.gov

Copyright.gov

Cheers,

JMB

Thanks
1 reply

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marketguy

14 years ago

Originally Posted by JMB Marketing Group

If you don't register your logo, then NO, you are NOT fully protected by the law. You need to be able to prove that you created it first. That's the chance you take for not registering your logo, although it's not necessary to do so.

Check out these Government sites for further information:

Stopfakes.gov

Copyright.gov

Cheers,

JMB

oh, that's kind of the answer i was hoping for. so, if i can prove i created it, i would not need to go through the expense of registering, did i get that right?

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JMB Marketing Group

14 years ago

That's correct. You don't NEED to register it. However, it helps in a law of court, if you need to go that far, by proving that you created it FIRST by having a certificate of registration. That's all.

However, I would highly recommend you talk to a lawyer first and foremost to make sure that you are protected.

JMB

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marketguy

14 years ago

Originally Posted by JMB Marketing Group

That's correct. You don't NEED to register it. However, it helps in a law of court, if you need to go that far, by proving that you created it FIRST by having a certificate of registration. That's all.

However, I would highly recommend you talk to a lawyer first and foremost to make sure that you are protected.

JMB

i really appreciate your response. i want to make it clear, that i will use my initials, along with a symbol that shows what i talk about, to create the logo.

hence, the probability of someone using my logo are extremely low and i do not have the resources to pay for a trademark.

i just want to make it difficult, for someone to copy it.

i hope i make sense.

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OnlineMarketingSys

14 years ago

No, if you want to copyright or trademark your image or design than you need to properly register it, in order to later protect it through the court system. Also keep in mind that since the internet crosses multiple countries and borders, having a US copyright/trademark doesn't mean it's enforcable say in China. So it's important to measure what type of protection your brand requires, against the cost of filing fee's and legal charges to file your copyright/trademark/patent in multiple countries.

"In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration.

Among these advantages are the following:
• Registration establishes a public record of the copyright claim.

• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

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Kay King 14 years ago

You are asking legal advice on a forum - but also you don't have a country of residence listed.

U.S. Copyright Office - What Does Copyright Protect? (FAQ)

From that site:

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

That indicates quite a bit of "maybe" - but there is a phone number above that might help.

kay
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salegurus

14 years ago

Unless you have the funds and time to go after anyone who steals your logo i would not worry about it, if someone wants to copy your logo trademark or not they will.

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Kezz

14 years ago

I used to work for a company that dealt a lot with intellectual property (IP), and while I'm no lawyer, this is what I understand to be the case.

If you want to claim a particular shape, i.e. your logo, as your own IP then as indicated above you need to trademark it.

But, anyone can put a little ™ next to their logo thereby staking their claim to it.

This much is free. Just have your designer add it to your logo and you're done.

In some countries, such as here in Australia, the person who can show the earliest use of the ™ symbol next to a shape can claim ownership of the IP.

However in some cases, as was explained to me by an IP lawyer colleague, it's the first to actually register a trademark who has the strongest protection even if another has been using the ™ symbol longer.

Registering a trademark is the expensive part, and once you do so you get the right to use the little ® symbol, like so:

So to begin with, just use the trademark symbol to get you going.

Then later if it becomes a compelling enough issue and warrants the cost, look at registering the trademark with your government.

Thanks
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tryinhere

14 years ago

Originally Posted by Kezz

I used to work for a company that dealt a lot with intellectual property (IP), and while I'm no lawyer, this is what I understand to be the case.

If you want to claim a particular shape, i.e. your logo, as your own IP then as indicated above you need to trademark it.

But, anyone can put a little ™ next to their logo thereby staking their claim to it.

This much is free. Just have your designer add it to your logo and you're done.

In some countries, such as here in Australia, the person who can show the earliest use of the ™ symbol next to a shape can claim ownership of the IP.

However in some cases, as was explained to me by an IP lawyer colleague, it's the first to actually register a trademark who has the strongest protection even if another has been using the ™ symbol longer.

Registering a trademark is the expensive part, and once you do so you get the right to use the little ® symbol, like so:

So to begin with, just use the trademark symbol to get you going.

Then later if it becomes a compelling enough issue and warrants the cost, look at registering the trademark with your government.

It would also be my understand that it is illegal to use the ® symbol unless it is a truly registered trademark, as mentioned the ™ can be used and is often used as a transitionally symbol while applying for the registered trade mark.

as always get the legal legals to make the correct calls

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Steve Prior 14 years ago

The area of copyright and trademark is hard to advise on because it really needs the input of a specialist.

You can copyright by just using the © symbol at the end of a document you have created with a date on it. Some enterprising inventors will write a letter about their invention and send it to themselves using registered post. This keeps a dated record which can be used if there is ever a dispute.

Trademarking is more typically used for logo's. There are companies who will trademark for you but in the UK it's not that expensive to do it yourself. A business associate of mine did this with a logo/company name.

I would still recommend you have a chat with an expert on intellectual property in your country and seek a broad outline/advice from them.

Regards

Steve
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ciank

14 years ago

In general, a trademark is about a corporate identity/brandname and is relatively expensive to obtain and maintain. The most effective way in my opinion is to own the relevant .com domain(s) because that obviously deters anyone else from using your brand.

Your logo is protected by copyright, as it is an original piece of artwork. If you live in any of the 200+ countries who are signatories to the Berne convention, you have this protection. To enforce this, all you need to be able to do is prove prior possession of the infringed work. There are websites like digiprove that enable this to be done online and cheaply. Some countries (including the U.S.) also have a formal copyright registration procedure, which is usually quite cheap.

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Rakesh Kumar

14 years ago

How to copyright your logo? it is also a big problem for me but after reading the post here. I think it will help me to solve my problem.

Thanks

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How do you copyright a logo?

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