Adding a Level of Protection to Your Trademark - Copyright It.

From time to time we are presented with situations in which our clients seek trademark protection for their wonderfully crafted logos. Often a logo can merely be a company’s name with some type of limited graphic element. However, sometimes the logo can be something more - something almost akin to a work of art.

We recently had a client come in to register a trademark for her services which was a beautiful professionally-designed image of a female form comprised of vines, flowers, and other natural elements. In such an instance, the original work of expression was so dramatic that we felt not only could she register the same as her trademark but that she should also seek copyright protection therefore as well.

As we are all aware, a trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. That can include an artistically stylized logo.

A Copyright protects original works of authorship including literary, dramatic, musical, and artistic works. This can also include an artistically stylized logo.

So in certain instances not only can you register your mark as a Trademark providing all of the protection afforded to registered marks under The Trademark Act of 1946 but you may also be able to increase your protection of your stylized logo by registering the same as a Copyright gaining all of the protections under The Copyright Act.

It’s twice the protection for relatively little added cost. That’s good business sense.

The Trademark Company