A strong logo helps establish brand identity, convey your business’ messaging, and build customer recognition. A logo can be composed of text, shapes, images, colors, and symbols. Your logo should catch the eye, align with your business’ values, and help potential customers identify what your brand is all about. Once you have designed your logo, it’s important to protect your logo with a registered copyright to prevent others from using it without permission.
How does a copyright work?
Copyright law covers works of creative expression put into tangible form—both works on paper or electronic files. A copyright exists automatically. Unless a reproduction falls under the "fair use" doctrine, people must seek permission to use another party's copyrighted logo.
Note that copyright generally does not protect names, slogans, or titles. Content with a sufficient degree of authorship—such as an especially intricate or creative logo—may qualify. Many companies and creators register the copyright in their logos if the logos have the requisite degree of authorship for copyright. Registration with the U.S. Copyright Office establishes a basis for enforcing the copyright in court and potentially receiving attorney's fees and statutory damages.
Moreover, the holder of a registered copyright may record this intellectual property with the U.S. Customs Office. This sets up a barrier against the imports of materials into the United States if they carry an infringing logo.
How to file a copyright registration application
If you believe the authorship in your logo is significant and want the Copyright Act's protection, here's how to proceed.
Step 1. Create an account with the U.S. Copyright Office
To apply online, you’ll need your computer and your original design ready. You should also have your debit or credit card available to pay the online fee.
Go to the U.S. Copyright Office website. Select Registration and then Visual Arts. From the Visual Arts page, click on Register a Visual Arts Work. You will need to register as a new user before proceeding with the online application.
Step 2. Fill out the application
First, choose Work of the Visual Arts from the dropdown menu under Type of Work.
Next, you will need to provide certain information on the copyright application, including the following:
- The title of your logo, if applicable. Otherwise, provide an identifying phrase.
- Publication information, if applicable.
- The creator(s) of the logo.
- Whether the logo is a work for hire. Keep in mind that if your logo design is a work for hire, you are considered the copyright owner of the logo. If your logo is the work of a professional designer, be sure to provide a short statement of how you obtained copyright ownership.
- All copyright claimants.
- Any relevant limitation of claim or rights and permissions information.
- The owner’s contact information.
- The mailing address where the registration certificate will be sent.
- Optional special handling. If you qualify for special handling, you can pay an additional fee for expedited services.
Once you have completed the application, you can submit the form and pay online in accordance with the current fee schedule. You have the option to upload an electronic copy of your deposit as part of the application process.
Step 3. Wait for approval
Wait for approval and your certificate of registration to arrive. If your application is rejected, you will receive notification of the reasons your claim was refused.
Optional paper filing
Applying online via the electronic Copyright Office (eCO) is preferred, but paper versions of Form VA are available. If you file using a paper application, make sure that all elements—the application, copies of the logo, and application fee—are included in the same submission.
Keep in mind that although you may handle the entire copyright (or trademark) registration process by regular mail (by printing the forms from the website and sending your application materials to the designated postal address), an electronic registration application makes things faster and cheaper. Typically, a logo is small, and you can easily submit it online.
Other ways to legally protect your logo
The registered copyright symbol serves as public notice to its owner's competitors in the marketplace. It can avert claims of "innocent infringement," which could otherwise mitigate the potential award of damages. That said, copyright is atypical in a logo.
Using trademarks can add an additional layer of protection to your logo. Unlike copyright, a trademark can cover titles, slogans, and names of businesses. The point of a trademark is to identify a business in the marketplace. Businesses often protect a logo through registration of the mark as a trademark with the U.S. Patent and Trademark Office—regardless of whether it can receive copyright protection as well.
Note that trademark law focuses solely on preventing the use of identifying marks that would mislead customers or cause confusion in the logo owner's specific industry.
Understanding the ins and outs of this process and taking the required steps can help you ensure your creative work is secure. If your logo has the requisite artistic elements to qualify, copyright protection can serve as a valuable tool to protect your branding. Regardless of whether it qualifies for copyright, you can still protect the intellectual property in your logo by considering trademark registration.
How the trademark process works
To get trademark protection, you can visit the USPTO Trademark Center to begin the federal registration process. You will need to create an account before you can complete a trademark application. Not all logos will be available; it’s a good idea to conduct a thorough trademark search before submitting an application for your company’s logo.
Once you have submitted your trademark application, the USPTO recommends that you check your trademark status at least once every three to four months to respond to any requests made by the USPTO. After your registration has been issued, you can use a trademark symbol (TM, SM, or ®) to let competitors and consumers know that you own the trademark.
While you can get a copyright or trademark on your own, working with a company like LegalZoom that provides copyright and trademark services for businesses can save you time, help ensure the process is done right the first time, and potentially provide stronger protection for your business’ intellectual property.
How much does it cost to copyright a logo?
The cost of copyrighting a logo depends on how you apply (online or with a paper application) and the nature of your logo.
For example, the cost of submitting an online copyright application for a logo with a single author, the same claimant, one work, not for hire, is $45, and a standard application is $65. Paper filing Form VA costs $125.
If issues arise with your logo and you end up needing to hire a lawyer, expenses can increase substantially.
LegalZoom’s copyright registration service starts at $114 plus filing fees and includes electronic filing of your application with the U.S. Copyright Office. We make sure it’s done right the first time so you don’t have to worry about mistakes that could delay your copyright registration.
FAQs
How long does a copyright last?
For logos created after Jan. 1, 1978, copyright protection lasts for the life of the creator plus an additional 70 years. Copyrights for anonymous or pseudonymous works or works made for hire last either 95 years from the year the work was first published, or 120 years from the year the work was created, whichever term expires first.
How long does it take to get a copyright?
According to the U.S. Copyright Office, the average processing time for all copyright claims is 1.9 months. However, the length of time it takes to get your certificate can depend on the complexity of the application, whether the applicant submitted a physical copy of their work, and whether the claim requires correspondence with the applicant.
Processing times are typically longer for copyright claims that are submitted via the mail. For example, the average processing time for an online application with an uploaded digital deposit that does not require correspondence is 1.2 months, while the average processing time for a mail claim that does not require correspondence is 4.1 months. The U.S. Copyright Office encourages applicants to use its online copyright registration system for faster processing times.
What happens if my copyright is rejected?
If your copyright is rejected, the U.S. Copyright Office will send you a notification in writing stating the reasons why it has decided to refuse your application.
Your copyright may be rejected for several reasons, including the following:
- Your work doesn’t have the minimum required level of creative authorship
- Your application was incomplete
- You didn’t pay the required filing fee
- You didn’t submit the required deposit copies
- Your claim to copyright was for a work that does not fall under U.S. copyright law
- Your work was not created by a human
- Your work is not fixed in a tangible medium of expression
If the U.S. Copyright Office rejects your copyright, you can request reconsideration. You must submit the request and a filing fee within three months of the date of either the first refusal or the date of the U.S. Copyright Office’s response to your first request for reconsideration.
Is my logo safe if it isn’t copyrighted?
You may have certain intellectual property rights even if you haven’t registered your logo’s copyright. For instance, your logo is automatically copyrighted as soon as it is created and fixed in a tangible form, and you may have common law trademark rights in your area even if you don’t register your trademark.
However, registering copyrights and trademarks can help provide stronger protection for your logo. A copyright protects your exclusive right to use your artistic logo design, while a trademark protects your logo from unauthorized registration and helps keep competitors that offer related goods or services from using a similar trademark. Getting a copyright for your logo as well as federal trademark registration, can help ensure your design—and your brand name—are fully protected.
The intellectual property office for copyrights is the U.S. Copyright Office, while the United States Patent and Trademark Office (USPTO) handles the federal trademark registration process.
What other types of things should be copyrighted?
Original works of authorship that can be copyrighted include the following:
- Literary works
- Dramatic works—including accompanying music
- Musical works—including accompanying words
- Poetry
- Books
- Movies
- Songs
- Computer software
- Architecture
- Pantomimes
- Choreographic works
- Paintings
- Drawings
- Maps
- Photographs
- Illustrations
- Prints
- Designs
- Comics
- Sculptural works
- Sound recordings
Facts, ideas, systems, and methods of operation are not eligible for copyright protection, although their expression may be protected by copyright.