Logo Protection

A logo can be very important. It radiates what your company stands for and distinguishes your product or company from that of another. Protecting that logo can ensure that you obtain the exclusive right to use the logo. Protection can be obtained through copyright and trademark law.

A logo is protected by copyright if – in short – it is original. This protection is created automatically and therefore no registration is required.

The requirement of originality is met if the logo is not taken from another logo and if enough creative choices have been made.

If someone else (largely) takes over the logo, there may be an infringement.

Whether your logo will be protected and whether it has been infringed is not an exact science. We, therefore, recommend that you have a specialist advise you about the protection and the infringement.

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Trademark Law

The logo can also be protected as a trademark. This requires that a trademark is registered with a trademark agency, often opting for protection in the Benelux or protection in the EU.

Trademark law gives the trademark owner a strong right. Trademark registration allows the proprietor to prohibit anyone else from using the same sign for the same goods and/or services for which the trademark is registered – with a few exceptions.

Other than with copyright, it is not debated whether the logo is protected or not: the registered trademark implies that it automatically is. 

When registering a trademark, a wordmark or logo can be chosen. A logo will be the registration of a logo. This gives you protection for the appearance of the logo and others may not copy that logo without your permission.

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Wordmark

Note: sometimes it is very useful to register a wordmark in addition to a logo. Many logos do contain a word, but that word is only part of a larger whole (such as a picture). If the competitor has only taken over (and not the picture), this may mean that there has been no infringement. If you also register the word separately as a wordmark, that word is also separately protected and a dispute can be avoided.

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Have you been Accused of Infringement?

If you have received a demand letter yourself because it is said that you are infringing the rights of an author or trademark owner, there is no need to panic yet. In some cases, it can be argued that the logo is not copyrighted or that there is no infringement. It is therefore advisable to be well informed about your specific situation.

Summary: Protecting Logos

A logo is automatically copyrighted if the logo is original. This can be the case if special graphic elements are added that are based on creative choices. If someone else takes over the logo, there is in principle an infringement.

A logo is registered as a logo if it is registered as such with the trademark office. This is a strong right, and on the basis of this right, action can be taken against similar and corresponding signs. If the word element is an important part of the logo, it may be advisable to register this word as a wordmark. 

Contact

LAWFOX’s lawyers are happy to assist you. We can advise you on the correct protection, register a trademark for you or take action against infringement of your copyright or trademark rights.

If you have been addressed yourself, we are happy to advise you on your legal position and we can help you settle the dispute.

We have a team available for you that is glad to help with all your questions about logos.

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