Introduction
Your logo is more than just a visual symbol—it’s a powerful representation of your brand’s identity, values, and trustworthiness. But how do you protect that valuable asset? Many entrepreneurs and small business owners ask: Should I trademark my logo or copyright it?
The short answer is: both might apply, but they serve different purposes.
In this guide, we’ll explain the difference between trademark and copyright protection, how each applies to your logo, and the best way to secure your brand legally.
What Is a Copyright?
A copyright is a form of legal protection automatically granted to the creator of an original work of authorship. This includes books, music, artworks—and yes, logos, if they meet certain creative standards.
Copyright Protection for Logos
- Covers: The original artistic or graphic design of the logo.
- Applies automatically when the logo is created (but registration provides stronger legal advantages).
- Best for: Logos that are highly creative, artistic, or illustrative.
Limitations: Copyright only protects the design, not the branding element. It doesn’t stop others from using similar logos for similar goods or services unless infringement is proven.
What Is a Trademark?
A trademark protects words, phrases, symbols, or designs that identify and distinguish the source of goods or services.
Trademark Protection for Logos
- Covers: The use of the logo in commerce as a brand identifier.
- Must be registered with the U.S. Patent and Trademark Office (USPTO) for full legal protection (common law rights apply with use, but are limited).
- Best for: Preventing competitors from using a similar logo in your industry.
Benefits of Trademarking a Logo:
- Nationwide protection
- Exclusive rights to use the logo for your product/service categories
- Ability to sue for damages and enforce the trademark legally
- Adds value to your brand (especially useful for investors or franchising)
Copyright vs. Trademark: Key Differences
| Feature | Copyright | Trademark |
|---|---|---|
| Protects | Original design or artwork | Brand identity in commerce |
| Coverage | Artistic expression | Use of logo in business or product |
| Registration | U.S. Copyright Office (optional) | USPTO (strongly recommended) |
| Duration | Life of creator + 70 years | Indefinite (with continued use/renewal) |
| Cost | Low (around $45–$65) | Higher (around $250–$350 per class) |
| Enforcement | Against unauthorized reproductions | Against confusingly similar branding |
When You Should Copyright Your Logo
You should copyright your logo if:
- It includes original artistic elements (illustrations, custom artwork, etc.)
- You want to protect the specific visual expression from being copied
- You’re publishing your logo in books, media, or digital content where copying is a concern
When You Should Trademark Your Logo
You should trademark your logo if:
- You’re using it to market or sell products/services
- You want to prevent competitors from using similar branding
- You plan to expand nationally or internationally
- You want to license your brand or sell your business in the future
Can a Logo Be Both Copyrighted and Trademarked?
Yes. In fact, many businesses pursue both forms of protection for full coverage.
- Copyright protects the design itself.
- Trademark protects its use as a brand identifier in commerce.
Think of copyright as shielding the artwork, and trademark as defending the brand power that logo represents.
How to Register a Copyright for Your Logo
- Visit the U.S. Copyright Office website.
- Submit a Standard Application (for visual works).
- Upload your logo file (JPG, PNG, or PDF).
- Pay the registration fee (approx. $45–$65).
- Receive a certificate of registration (usually within a few months).
How to Register a Trademark for Your Logo
- Conduct a trademark search to ensure your logo isn’t already in use.
- Visit the USPTO website.
- File a TEAS application (Standard or Plus form).
- Submit a specimen showing the logo in use (e.g., on packaging or website).
- Pay the filing fee (approx. $250–$350 per class).
- Monitor the status through the Trademark Status and Document Retrieval (TSDR) system.
Pro Tip: Work with a trademark attorney to increase your approval chances and avoid costly delays.
What Happens If You Don’t Protect Your Logo?
Failing to secure your logo legally can lead to:
- Copycats using your brand to sell fake or subpar products.
- Legal disputes where your rights are unclear or unenforceable.
- Loss of brand identity if someone else trademarks it first.
- Damaged reputation and consumer confusion.
Final Thoughts
When it comes to protecting your logo, don’t settle for half measures. Copyright and trademark protection serve different purposes—and both are essential if you want to fully defend your brand.
Whether you’re launching a startup or scaling your business, taking the time to secure your logo is a smart investment in your long-term success.
FAQs
Q: Can I use the ™ symbol without registering my trademark?
A: Yes. ™ indicates a claim to a trademark, even if it’s not registered. For registered trademarks, use the ® symbol.
Q: How long does trademark registration take?
A: On average, 8–12 months, depending on the complexity of the application and whether any objections are raised.
Q: Do I need a lawyer to register my logo?
A: Not legally required, but highly recommended—especially for trademark registration.