Every multi-state business and brand owner should protect their logo as a trademark. A trademark is a word, symbol, or design used to identify and distinguish the goods or services of one company from another. Registering a trademark with the United States Patent and Trademark Office protects your brand and reputation from unauthorized use. However, the registration cost and lack of knowledge about the benefits of trademark protection often prevent businesses or individuals from filing for trademark protection. One alternative that addresses cost restraints is using copyright protection for logos if they are original works of authorship. Copyright protection for logos, however, does not protect the use of the logo in commerce. While copyright protection offers some protection at a much more affordable cost, filing for trademark protection, in the end, is the best way to protect a business’s brand and name recognition comprehensively.
What Is A Trademark and Why Is It Important
Trademark protection focuses on protecting the use of a word, symbol, or design that identifies and distinguishes the goods or services of one company from those of another. Protection extends to using the mark in commerce if you use the trademark and maintain your trademark registration. To receive protection benefits, you must register your trademark with the United States Patent and Trademark Office. Registration ensures protection of your brand and reputation from unauthorized and potentially harmful use.
Why Do People Avoid Filing For Trademarks
– Lack of Knowledge – Some people may not know the benefits of trademark protection or how to register their trademarks. They often confuse registering their business with the secretary of state with securing the right to the name and logo nationwide.
– Cost – Trademark registration can be expensive, especially when you hire an attorney to help you with the process. Registration costs can be a barrier for small businesses or individuals with limited resources. A trademark costs at least hundreds of dollars to register. Depending on the complexity and amount of goods and services, trademark registration can cost a business thousands of dollars.
So What Can You Do While You Save Hundreds of Dollars To Apply for a Trademark
Since copyright registration costs start as low as $45, check to see if your logo qualifies for copyright protection. Logos can generally be protected by copyright if they are original works of authorship fixed in a tangible medium of expression. What does that mean? Your logo must be an original creation with at least minimal artistic value.
Okay, So It Qualifies for Copyright Protection… What Is A Copyright
Copyright protection is primarily concerned with protecting original works of authorship. Think paintings, drawings, photographs, etc. A copyright protects the expression of an idea, not the idea itself. If your logo is similar to another logo but expressed differently, it may still be eligible for copyright protection. However, if your logo is identical or substantially similar to an existing logo, it may infringe on someone else’s copyright.
What Kind Of Protection Can You Get for a Copyrighted Logo
Copyright protection extends to the specific expression of an idea and comes with certain rights, such as the right to license or display the logo. Thus, if anyone displays your logo without your permission (and it is not considered fair use), you have a claim against them for copyright infringement. Also, copyright protection typically lasts for the author’s life plus roughly 70 years. You can enforce your rights to a copyright in federal court.
What Kind of Protection You Don’t Get for a Copyrighted Logo
You don’t get any of the trademark protections for your logo. Unlike a copyright-protected logo, trademark protection extends to using the logo in commerce to identify and distinguish the goods or services provider. Therefore, trademark protection may offer broader protection for a logo than copyright protection. As a business owner, you are more likely to be upset that someone tried to pass themselves off as you, using your logo to pretend to offer the same goods and services as you. Using your logo connected with goods or services is only an infringement if you have a registered trademark.
Why You Should File A Trademark As Soon As You Have The Funds
Overall, copyright protection for a logo does offer SOME protection at a low cost. However, for you to have the complete protection of building your brand and name recognition nationwide, most businesses should file for trademark protection at some point(sooner rather than later). While this is not legal advice, I offer the price differences to encourage new or small business owners to consider protecting their intellectual property no matter the financial stage of their business.
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