Your logo is more than just a design, it’s the face of your brand. Whether it’s on your website, packaging, clothing, or business cards, it represents your identity and distinguishes your business from others. But here’s the question many entrepreneurs and creatives ask: Is my logo legally protected?
The answer often lies in understanding the difference between copyright and trademark, and how both may apply to your situation.
Copyright vs. Trademark: What’s the Difference?
- Copyright protects original works of authorship, including visual art. If your logo is a unique piece of graphic design, it may qualify for copyright protection as soon as it’s created. This means you don’t have to register it to have rights, but registration strengthens your ability to enforce them.
- Trademark protects names, phrases, symbols, and designs used in commerce to identify the source of goods or services. If your logo is being used as a branding tool for your business, trademark protection is essential to prevent others from using a similar design that could confuse consumers.
When a Logo Is Copyrighted
A logo is protected by copyright if it contains creative elements like illustrations, original typography, or artistic flourishes. A basic logo using standard fonts or simple shapes may not qualify.
For example:
- A hand-drawn mascot logo is likely copyrightable.
- A plain logo that just says “Quick Clean Laundry” in Helvetica likely isn’t.
Registering your logo with the U.S. Copyright Office provides advantages like the right to statutory damages and attorney’s fees if someone copies your design.
When a Logo Is Trademarked
Trademark protection is about use in commerce. If you are using your logo to identify your products or services—whether on a label, a website, or social media—you can file for federal trademark registration with the USPTO.
This gives you:
- Nationwide legal presumption of ownership
- The ability to stop competitors from using similar logos
- Stronger enforcement on platforms like Amazon, Instagram, or Shopify
- A valuable asset if you ever license or sell your brand
Can You Have Both Protections?
Yes. In fact, many businesses benefit from having both copyright and trademark protection for their logo. Copyright protects the artistic design. Trademark protects the logo’s role as a business identifier.
Think of it this way: Copyright stops someone from copying your artwork. Trademark stops someone from confusing your customers.
Steps to Protect Your Logo
- Make Sure It’s Original – Avoid clip art or AI-generated designs that could be considered generic or derivative.
- Register for Copyright (Optional but Helpful) – File with the U.S. Copyright Office for added legal leverage.
- Register for Trademark – If your logo represents your brand in commerce, seek federal trademark protection.
- Enforce Your Rights – Monitor usage and act if others use your logo without permission.
Final Thoughts
Your logo is a key part of your brand’s identity—and it deserves strong legal protection. Whether through copyright, trademark, or both, taking the time to secure your rights now can save you from costly problems later.
📞 Need help protecting your logo or filing a copyright or trademark? Call 888-914-0011 or email contact@landrypllc.com.
