Of course our customers are fond of asking how they go about copyrighting and trademarking their custom logo design, what is covered, is it expensive and a host of copyrighting and trademarking questions. Since we are in business to get you a copyrightable, original, custom logo design, we thought we would post a little info about this subject. First we should mention; any original piece of art, is automatically given the first level of protection available under US law, for no cost and no filing fee.
The fist thing people usually do is confuse copyright and trademark, in that they think these are the same thing or about the same thing. The fact is they are two separate procedures and you can first consider a few things to determine what level of protection you require for your company logo design. After all, you don’t want anyone impinging on your brand after you have put a lot of hard work into it.
Much has been written about the difference between copyright and trademark but we can simplify it a bit for you. In a basic sense, copyright covers the original artwork itself, and trademark is more for the name or slogan used. These two areas of legal protection overlap a bit with logo design because often the two elements, name and symbol are one in the same, or partially enmeshed together.
While in general a trademark is what you want in the end, copyright may be good enough and we tend to leave that decision to a qualified trademark attorney. They can quickly and efficiently search the appropriate databases to secure the availability of your trademark or copyright for your logo design.
Any original piece of art is covered in the United States under what in known as natural copyright law. This means if you can prove you are the author of the original art the copyright is in effect automatically without even needing to be filed. Natural copyright is not as strong as a formal copyright, but it will stand up in a court of law if the date and authorship can be proven.
Of course it is best to register whatever level of protection you end up getting, but do not let this hold you back in proceeding with your logo now, as we keep your files and records of their production, which is what you need for the first level of copyright protection to be automatically extended to you!