Alternatively, if the logo you have created is inherently artistic, you will likely already have copyright protection on that creation.įor more questions on applying for a trade mark for your logo, contact our experienced IP lawyers on 1300 657 423.Your business has a name, and it also needs to have its own recognizable logo in order to establish a visual representation of your brand.
If your logo is related to a good or service and is not inherently artistic, it is best practice to lodge a trade mark application to obtain protection. connected with your good or service in the marketplace and is not inherently artistic.Key Takeawaysīefore deciding whether you would like to either trade mark or copyright a logo, you should consider whether the logo is: You can prevent this by ensuring you transfer the copyright and by subsequently applying for a trade mark for your logo. In that case, the graphic designer will likely hold the copyright and will be able to sell your logo to other businesses. It is important to recognise that depending on the agreement you have with the graphic designer who creates your logo, they might hold the copyright instead of you.įor example, suppose you hire a graphic designer to create a new logo for your beer company, and you do not agree in advance to transfer the copyright of the design. However, if your logo is your own artistic creation, you may automatically receive copyright. Generally, you will be better off registering your logo as a trade mark. As soon as you put your creation in material form, you will have copyright protection. While you may physically own a CD or book, you will not own the copyright in the CD or book unless you purchase the copyright as well.ĭue to copyright laws in Australia, copyright protection in Australia is automatically created. You would also likely have to trade mark the film’s name to protect it.Īdditionally, copyright is separate from property ownership. However, the general narrative of the script will not have copyright protection. Copyright laws will automatically protect the script itself.
SHOULD I TRADEMARK MY LOGO MOVIE
For example, suppose you write a movie script about an intergalactic space romance. It does not protect the abstract idea behind the creation. However, copyright only protects the creation itself.
SHOULD I TRADEMARK MY LOGO LICENSE
This means that you can license other people to use it, prevent other people from exploiting your logo or sell your logo to others. Holding the copyright in your logo allows you to maintain control regarding the use of your creation. These works can include, but are not limited to:ĭepending on your logo, it may fall within the artwork category and receive automatic copyright protection. What Is Copyright?Ĭopyright is an automatic right granted to creators upon the creation of a new piece of artistic work. In this case, it would be wise to trade mark that logo to prevent competitors from using it and taking advantage of your business’ reputation. For example, suppose you create a new logo that you use to sell energy drinks. For example, you will need to pick the correct classification and type of trade mark application you would like to make.Īlso, by having a registered trade mark, you can enforce your rights to its exclusive use and prevent others from using your intellectual property without your permission. Trade mark protection is fairly straightforward, but can sometimes be tricky. To protect your logo, you must first register it with IP Australia as a trade mark.
What Is a Trade Mark?Ī trade mark formally protects your intellectual property.
This article will explore some of the key considerations to make before deciding whether you need to copyright or trade mark your logo. When deciding the best way to protect your logo, there are two options available: copyright protection and trade mark protection. However, a step that often gets overlooked is ensuring adequate protection to your intellectual property, including your logo. You will need to name your business, set up a store, and design and sell products. When beginning your business to sell a good or service, there are many decisions to make.
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