It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. The above is general legal and business analysis. If you want to copyright your artistic creations not related to a good or services, then the filing fee is so cheap you can easily choose to register them all.Īs to changing at a later date - way too fact dependent to analyze. By the way, logos not connected to goods or services cannot be registered except on an intent to use basis. Since the standard for trademark infringement is liklihood of confusion you may or may not have some protection over some marks you don't have the funds to register.Īll this is very fact dependent. You choose how many variations you want to separately register. Logo is a term of trademark, not copyright law. Remember, the only protection copyright offers is against unauthorized publication, reproduction or distribution of the logo or derivatives based on it. So just choosing a letter and making it a particular color and font would not do the trick, nor would 3D rendering. If the logo does rise to the minimum threshold, then derivative works may also be protectable subject to the same qualification that it too must be expressive and derived from the first. In the second, you need to actually use it in connection with the sale of a product or service. A logo can be eligible for both forms of protection, in the former case it needs to be original and expressive or artistically rendered. In some cases, these things may be protected as trademarks. Copyright does not protect names, titles, slogans, or short phrases. To be entitled to copyright protection, you must have an original work of authorship which reaches crosses the threshold into protectable expression. (1) Is the logo in its original form eligible for copyright protection? Your question, "Does a Copyright Protect Variations of a Logo" is actually two questions: Without a clearance analysis, you are engaging in a very dangerous undertaking-before selecting a brand or logo for your business (or multiple versions of them), it is critical to retain IP counsel to conduct a clearance analysis.
#DO I NEED TO COPYRIGHT MY LOGO FREE#
Before using any of these logos, you need to retain legal counsel to ascertain whether you are free to use these logos without violating copyright or trademark rights owned by others. Respectfully, however, you are not asking the most important question. It would advisable to register separately each logo that you want to use (and each version of each logo.
#DO I NEED TO COPYRIGHT MY LOGO REGISTRATION#
If you use, or intend to use a logo in commerce as a trademark, you can register it at the Federal or state level (most people go with Federal) because registration has many advantages, including a presumption that your trademark protection is national in scope. You develop trademark rights by using your trademarks in your business to market your products or services-and you use them in a manner that leads consumers to associate your trademark with your products and services. Trademark rights arise from use in commerce, not registration. Logos also may serve as trademarks which identify the source of goods and services. There is no better bargain in the world of government licenses. Registration is a great, cheap bargain-$35 per design. Copyright protection arises automatically whenever a work such as a logo is created, but it is wise to register each logo because without registration, you cannot enforce your copyrights against infringers. Copyright law protects logos because they are original designs (works of art). Logos are protected by both copyright and trademark law.
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