Having a logo for your business is an important element of your business. And protecting your logo with a registered trademark is equally important. In the last episode of All Up In Yo’ Business, we discussed a few things that people commonly think are trademarks but aren’t. I talked about how logos are one of those things that can be protected by copyright AND trademark. As a result of this confusion, let’s dive into which one is best for your business’s logo.
To be brief, here’s some background on the explanation on trademarks and copyrights:
Trademark: trademark law protects words, phrases, designs, and symbols that are used by a business to indicate the source for their goods or services.
Copyright: protects creative and artistic expressions. Preventing anyone (besides copyright holder) from using or distributing the work.
Given these explanations, it’s not uncommon for a logo to be protected by both trademark and copyright law. Though, a creative or artistic element is what qualifies it to be a copyright. Just having common shapes or symbols won’t qualify. A minimal degree of creativity has to be a part of the design. In short, remembering that familiar designs and common patterns do not qualify as copyright.
Let’s examine my 180 Logo:
It’s a symbol, design, and words. However, it a trademark or a copyright? Catch the new episode of All Up In Yo’ Business to find out.
Be sure to subscribe to our YouTube channel for more All Up In Yo’ Business! Contact us today if you need help with protecting your brand. Want more information on trademarks and copyrights? Check out: Trademarks and Copyrights.