Should I Trademark my Logo or Copyright it?

Starting a new business or growing an existing one, both are exciting journeys. To succeed in both, you will have to create and protect your distinctive brand identity. A lot of factors come into play in creating the identity of a brand, including logos, slogans, brand-names, quirky packaging, and more. Unique creatives that help a brand elevate its identities are always an important asset for the business. Trademark registration is an integral way of ensuring a brand stays protected. With that in mind, many entrepreneurs ask, “Should I trademark my logo or copyright it?” Through this blog we will not only help you determine whether you should trademark a logo or name, the benefits of trademarking a logo, and how to trademark a logo in India.  So you can finally have the answer to your question on whether you should get logo trademarked.

How to determine the need for trademarking a logo?

Trademark a logo refers to the process of obtaining trademark registration for a logo. To put it simply, not all types of logo can be registered as a trademark. So, before you move ahead with the trademark registration process, ideally, you should determine whether you actually need to trademark your logo or not. Here are a few ways how you can determine if you should trademark a logo for your business: 

Understand the importance of obtaining trademark for a logo 

When you obtain a trademark for your logo, you get an overall protection to use that logo with respect to your mark. If any one else tries to use it or any other deceptively similar mark without your permission, you can send them a cease and desist notice. This is just one benefit of trademarking a logo. There are numerous others that you need to consider. 

Conduct a trademark search

Before applying for a trademark on your logo, you need to be sure that it is unique and distinctive in relation to your class of goods or services. If you find a similar mark in your trademark search, you may face trademark objections. 

Consider the costs

The fees for trademark registration varies based on the type of entity applying. So, consider how the costs will reflect on your business. Besides, in case you feel the cost is high, now may not be right time to get your logo trademarked.

Risk assessment

When you start registering your logo as a trademark, there is risk. Trademark opposition proceedings can last for a long period and may even lead to avoidable expenses. So, consider the scope of your business and assess the risk of obtaining a trademark for your logo before moving on with it. Assessing the risks before getting your logo tradaemarked is beneficial in the long run.

Also Read: 5 Reasons why you should get a trademark

Colour specifications in your logo: why and when?

In cases where colour does not create a distinct feature, youo should not give any colour specification. A colour-specific logo is usually not the first trademark logo or name . It is better for applicants filing their first trademark to file a word mark which allows the owner to use his/her trademark logo or name in any font or style. You can trademark a logo and name simultaneosuly, or alternatively. The choice is yours. If you trademark the logo under a specific colour or combination of certain colours, then it gets protection specifically under those colours only and may cause trouble if litigation arises. However, If if you apply for the mark in black and white, you can freely choose any colour for practical use.

Most of the well-known brands all over the world have their trademark registered under two applications one that is black and white and the second one that is in colour. However, that would be costlier for the businesses at the initial level. Start-ups and new companies may initially just file in black and white or can apply for a logo in colour if that colour plays an essential role i.e. when the colour combination is very essential for your brand creation or when your customers associate specific colours with your trademark with your products or services. We also see companies like Apple and Google who initially did not claim any colour for their trademark.

For example, certain brands/products that are famous by colour/colour scheme. For example:

• Parachute Coconut Oil is famous for the dark blue of its bottle; and
• Cadbury is famous through its purple packaging.

Also Read: When and Why should you Trademark a Name?

How to trademark a logo in India?

There’s a step by step process you need to follow to trademark a logo in India. The steps include: 

• Filing a Trademark Application;
• Undergoing the examination of your logo;
• Appearing for Trademark Hearing;
• Acceptance and Advertisement for Opposition; and
• Registration of Logo.

Should I copyright my logo or trademark it?

Often entrepreneurs wonder whether they should copyright your logo or trademark it. We’re here to help you understand which action is right for your business and when. 

In India, ideally a trademark is the most suitable Intellectual Property Right for protection of logos for the course of business or trade. The Copyright Registration process is usually for the creative literary works, artworks, paintings, sculptures, musical works, sound recordings and more. 

However, there may be a situation where the interest in both Intellectual properties may  intersect. In such events, you may obtain a No Objection Certificate from the Trademark Registry, before applying for copyright protection.  Besides, logo registration can last a lifetime if you do the process of trademark renewal on time every 10 years. Even though trademarking a logo is common, it is your choice whether you want to copyright your logo or trademark it. So, don’t wait too long to get your logo registered!

Tips for trademarkable logo design 

Our experts created a special list of tips that can help you create a logo design over which you can get logo trademarked easily. Here’s the gist of it: 

Maintain distinctiveness

Make sure to use a distinctive design for your logo, if you want to trademark your logo or name. Especially considering it is one of the most important prerequisites for getting your logo trademarked. 

Relatable

Keep it simple but relatable. Make sure that the final logo resonates with your brand so that it becomes easy for the audience to associate it. Moreover, consider your target audience and then make a design that they can easily remember. 

Get assistance from designing experts

Before you move on with any design, contact experts in designing and see if your design actually serves the purpose of your brand. Remember once registered, you cannot make amendments to your logo without losing protection over it. LegalWiz.in experts are always here to help you out. 

About LegalWiz.in:

LegalWiz.in is a leading online legal service provider committed to offering simplified and hassle-free solutions to businesses and corporates at the PAN India level. From company registration to trademark protection, we make managing and protecting the business simpler. LegalWiz.in is a one step solution for all businesses. We’re all set to help you get your logo trademarked. Connect today.