Should I Consider Both Copyright and Trademark Protection?
Why You Should Consider Both Trademark and Copyright Registration of Your Logo
While businesses most often seek state or federal trademark registration to protect their logos and other trademarks, copyright registration (if applicable) may also make sense.
Advantage of Trademarking a Logo – federal registration of a trademark gives the owner the exclusive right to use the mark nationwide in connection with the goods or services listed in the registration, can open a window for securing foreign registrations, puts others on notice of the mark and the registrant’s ownership, creates a legal presumption of ownership, and allows for additional damages in the event of infringement.
Advantages of Copyrighting a Logo - Copyright protects the creative expression of an idea, not the idea itself. To be copyrightable, a logo must also be sufficiently an independent creation under copyright law to qualify for protection. Once registration is obtained, it is easier to enforce than a trademark, as the owner need only prove ownership of a valid registration and copying of the original elements of the copyrighted work by a third party. Damages are also easier to prove in copyright cases, and an award of attorneys’ fees to the prevailing party is standard, rather than limited only to “exceptional” cases.
Advantages of Having Both Types of Registration – dual protection gives the owner two chances to prevail with a jury in an infringement lawsuit and can even result in two potential recoveries.
For more information about the advantages of copyright protection for a logo, see our blog post Logo and Copyright: Why You Should Consider Copyright Registration in Addition to Trademark Registration.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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