Your brand is your intellectual property. The time and resource it cost to develop it shouldn't be put to waste. Currently, there are several ways that you can protect it, including legal protection.
Adidas did not miss the opportunity to sue the fast-fashion brand Forever 21 in 2015 for alleged infringement and dilution. The fast-fashion retailer allegedly released designs featuring the athletic brand's trademark three-stripe mark. Adidas took action to prevent confusion among consumers and other risks that come with brand imitation.
The three-stripe mark has grown to be a source identifier through years of effort from Adidas. In a statement, the brand claimed that “its investment of hundreds of millions of dollars in advertising and promotions, including its sponsorships of athletes, sports teams, musical artists, and fashion designers.” is the driving force behind this recognizable mark.
Even for small businesses, it is still vital to protect what took you months to develop.
Brands benefit from legal protection, regardless of their worth. This is especially true if you plan to expand your business in the future and open more locations outside your state.
This article will tackle the two most commonly confused legal protections for brands. These are copyright and trademark.
With the following sections, you'll know the difference between each protection and which one will suit your needs. We're going to talk about the ins and outs of trademark and copyright to help you figure out which one to get for your logo:
- Copyright
- Trademark
- Copyright vs. Trademark
Copyright
To copyright something, it must be existent in a tangible form. This means that you can't copyright something that is still an idea. It is granted to people who have created original works, whether it be through words, notes, sounds, graphics, symbols, and more.
Copyright may cover published or unpublished content ranging from literary, dramatic, musical, artistic, audiovisual, and architectural forms.
The infringement of copyright may come in the form of people using your logo without permission. It also protects your insignia from being copied and distributed.
You can apply for copyright online, depending on where you live. For U.S. citizens, the registration process at the United States Copyright Office may cost $35 up to $55. You may also apply through the mail for $85. The entire process may take a year to complete.
Trademark
On the other hand, trademarks are more related to branding. It covers any symbol, device word, name, slogan, among other things that may be used to distinguish a company from its competitors. A trademark helps prevent your brand from losing its impact should competitors attempt to imitate you.
Brands may be sued for infringement if they release a similar product that could confuse customers to think that it came from a single source. It may also boil down to how the merchandise and/or services are advertised by competitors, among other factors.
However, if you're a registered LLC without a trademark, your business name is only protected within state lines where your LLC is registered. You cannot press charges against brands using the same title if they are based in a different state. For instance, if you register your LLC in California, your name is protected only within California. This means you cannot take legal action against a brand using the same trademark in Texas. To ensure comprehensive legal protection and clarity within your LLC, consider taking the necessary steps to generate a free LLC operating agreement.
In the U.S., it is handled through the U.S. Patent and Trademark Office. You can apply for a trademark by reading this step-by-step guide. But to sum it down, you want to check your eligibility and checking the availability of your trademark through a national database or through the Global Brand Database. Afterward, you can fill out the form and stay on the lookout for updates. Depending on where you live, the process generally takes up to nine months.
Copyright vs. Trademark
Which one should you protect your logo with? Both registrations can protect brand logos, albeit in different ways. It is up to you to decide which one will work best for you, depending on your business objectives.
A copyright will protect your logo as an artwork separate from you or your business as a brand. This keeps people from copying your design in almost any application.
While a trademark protects a brand mark as an identifier in the marketplace. A trademark has a limited scope when compared to copyright.
Conclusion
Knowing the distinction of each protection lands your brand on the right path.
There's no such thing as a wrong time for you to start legally protecting your brand. Whether you have an existing business or still in the process of registering your business, it's best to register a timeless business logo.
You want something that will represent your brand in the long haul to avoid going through the registration process again. These protections only apply to your brand logo upon registration, meaning it doesn't cover future variations or redesigns.
To combat this, you can work with international graphic designers by running a logo design contest. DesignCrowd is one of the leading custom design marketplaces that you can use. You can get up to 50 design bids for your project from its creative community. Learn more about it today.
Generating a logo is also a good idea. BrandCrowd's logo maker helps you find and personalize the perfect design in minutes. You can customize elements such as colors, text, and illustrations to achieve your ideal logo. Try it right here.
Learn more with these articles:
Written by DesignCrowd on Tuesday, November 3, 2020
DesignCrowd is an online marketplace providing logo, website, print and graphic design services by providing access to freelance graphic designers and design studios around the world.
