How to Get a Copyright or Trademark for a Logo

When establishing a business it is a common event to have a logo by which consumers identify your business. A logo is a type of trademark consisting of a design used by the company and placed on its products or printed materials identified with its services. The logo may be a graphic design, a design with words or a design composed of stylized words. You can obtain a trademark from the U.S. Patent and Trademark Office to protect your logo across the US or your can file your trademark for statewide protection with your Secretary of State.

Trademarks

As a logo is a type of trademark, it is necessary to understand what a trademark is defined to be. A trademark can be a distinctive phrase, symbol, design or logo used by a business or company to distinguish it and its products from those of its competitors.
Essentially, a trademark is a brand and should be protected by acquiring the associated trademark rights. This prevents other businesses or companies from using similar trademarks that could be confused with that of your specific business.
When considering obtaining a trademark for a logo, the logo must be available for use and not currently trademarked by another. Otherwise, there is the risk of trademark infringement.

Trademark Search

To conduct a comprehensive search to see if the logo is available for use, it is best to employ a trademark attorney. While anyone can search the U.S patent and trademark office records, a specialized attorney can conduct the search more efficiently and also analyze the search results to protect clients from any possible trademark infringement.
Once it is determined that the desired logo is free for use,  then the owner needs to secure the trademark rights to the logo. There are three basic ways to accomplish this task, ranging from local to national protection of your logo.

Local Protection

Just using a logo in connection with a product or service provides basic trademark rights. These rights, however, are limited to the geographic area in which the logo is used. No protection is provided against a business or service in another area of the state or a different state from using the same or similar logo.
Local protection for trademarks can be obtained by registering the trademark with the Secretary of State’s office for that particular state. This provides trademark rights in that state but not in any other.

National Protection

For businesses planning on doing business nationwide in the United States or those seeking maximum protection for their logo, the best solution is to file a trademark application with the U.S. Patent and Trademark Office. Once approved, this registration provides trademark rights to that logo across the entire United States.
Due to the fact that trademark searches and applications can be very complicated and somewhat difficult to analyze from a legal standpoint, using a qualified trademark attorney is the safest course of action. This provides for maximum protection of the logo as well as protection from inadvertent trademark infringement.

Trademark Watch

Protecting a trademarked logo does not end after obtaining the registration. Guarding against other businesses or individuals attempting to infringe on a trademark, whether intentionally or inadvertently, needs to be an ongoing process.
The best way to do this is by hiring an attorney to maintain a “trademark watch” on the logo. The attorney will track logo applications and determine if any are of sufficient similarity as to approach trademark infringement. He or she can then advise the client on the best way to proceed.
It is important to note that trademark protection and copyright protection is not the same thing. Trademark protection provides protection in the marketplace against other businesses using a logo and creating confusion regarding brand identity. Copyright protection applies to the creative expression of the logo itself.

Copyright Protection

Copyright protection is only available for logos if there is a substantial amount of creativity and innovation attached to the logo design. There must also be documentable proof as to the creative process and design history of the logo. If these factors are all present, you may apply for copyright protection through the U.S. Copyright Office. This would protect your logo from being used in other situations than just market brand protection, such as use in online graphics postings, inclusion in collage artwork and other similar uses.