Investing into the protection of your logo is an important step in securing your brand, whether you are just starting up or you already have an established business. Your logo is a representation of brand identity and helps customers to differentiate your products from others in the market, fostering increased customer loyalty and trust.
If there is no adequate protection in place, your logo is vulnerable to potential misuse and copying, without sufficient legal recourse to deal with this. Further, a protected logo increases the value of your business if you ever want to sell.
A logo in the UK can be protected as a trade mark, an unregistered trade mark and under copyright law, depending on its nature. We hope that from this article you gain an insight into the differences between these types and the advantages of ensuring you have the best legal protection possible.
Trade mark
Registering your logo as a trade mark gives you the exclusive right to use it in connection with your business’s goods or services. A registered trade mark gives you the right to take legal action against anyone who uses your logo without permission.
There is also added value to your business. It can become a significant asset, enhancing your company’s reputation and market position. Additionally, it deters competitors from using similar logos, maintaining your brand’s uniqueness.
A trade mark can cover not just logos but also names, phrases, sounds and colours (or a combination of these). There are limits on what can be registered however, including anything offensive, overly descriptive or generic shapes.
Steps to registration:
- Conduct a search for an existing similar mark (an existing similar mark may result in your application being challenged or refused);
- Choose the correct classes (this depends on the goods or services offered and should be well thought out to ensure full protection);
- Understand where you want the logo protected (whether only with the UKIPO or other jurisdictions as well);
- Apply online and pay the associated costs; and
- Monitor (each application is examined, published and open to opposition. If no objections arise, your mark is registered usually after a few months).
Duration and renewal
Trade mark protection lasts for 10 years in the UK and can be renewed indefinitely. It is important to stay on top of when you need to renew, so that protection does not lapse.
Dealing with objections
The UKIPO may raise objections during the examination phase of your application. These objections often relate to the distinctiveness of your logo or similarities to existing trade marks. Addressing these challenges promptly can help maintain your application’s progress.
- Distinctiveness issues: If your logo is deemed too generic, consider redesigning it to enhance uniqueness.
- Conflicting trade marks: Provide evidence or arguments demonstrating distinct differences between your logo and existing trade marks.
- Formalities: Ensure all documentation and information provided is accurate and complete to avoid administrative objections.
You should also maintain clear records of the logo’s creation, usage and any licencing agreements. By proactively resolving these issues, you can increase your chances of a successful registration.
Handling infringement issues
If you discover that another party is using your registered logo without permission, you should take steps to remedy this as quickly as possible. Infringement can damage your brand’s reputation and incur further costs to remedy later.
Regularly monitoring the market for any unauthorised use of your logo will allow you to act swiftly. You can set up alerts using online tools to notify you of any similar trade mark applications or misuse and should conduct regular audits.
Copyright
Logos which contain original artistic elements are protected automatically under copyright law as an artistic work. To be protected by copyright, the logo should be an original design and creative. If your logo qualifies as a protected artistic work, you have exclusive rights, including the right to reproduce it and prevent copying.
There is no formal registration for copyright in the UK so you should be able to prove authorship and the date of creation, in case of a future dispute. A further limit is that this protection only covers copying of the design, not its use by others in commerce.
The duration of protection depends on the type of work and when and by whom it was created. For artistic works, copyright lasts for the lifetime of the creator plus 70 years from the end of the year in which they died.
If you are seeking to rely only on copyright protections for your logo, you should bear in mind who created it. If it was an employee in the course of their employment, the logo would usually belong to the employer. However, if created by a third party e.g. a freelancer, ownership does not automatically pass to the business.
Unregistered trade mark
If you do not register your logo as a trade mark, you may still have rights arising automatically. Your logo could be considered an ‘unregistered trade mark’.
If these rights are infringed, your recourse for enforcement is under the common law tort of ‘passing off’. To succeed in a passing off claim you need to prove:
- Goodwill (reputation established in the logo);
- Misrepresentation (someone else has used your logo in a way that leads customers to believe that the services or goods were yours, when they were not); and
- Damage (you have suffered or are likely to suffer damage as a result e.g. loss of sales).
Benefits of registering a trade mark
Below are the main advantages of using trade mark registration for your logo:
- You do not need to prove the points above relating to unregistered marks when enforcing. You simply need to show that you are the owner of the registered mark;
- You can rely on UKIPO enforcement;
- Protection applies across the UK, rather than only where your brand’s reputation is (unlike an unregistered mark);
- It protects the use of the logo in commerce (unlike protection only under copyright);
- It prevents others from using a ‘confusingly similar’ mark;
- You have proof of ownership, recorded publicly, making disputes simpler to resolve;
- Investors and buyers can clearly see that you own your logo, making your business more attractive;
- You can deter infringement by using the ‘®’ symbol, once registered;
- You can licence your logo, e.g. for collaborations; and
- You can renew protection indefinitely.
Conclusion
Being able to rely on registered trade mark protection has many benefits to your brand. It assists you in futureproofing against copycats and similar confusing marks which could have a big impact on your business. Once registered, it is important to stay on top of renewals and to regularly check for infringements so you can act quickly.
If your logo also falls under an ‘artistic work’, this is the best protection for your logo: the combination of trade mark registration along with copyright protection provides a broader range of rights. The trade mark registration protects the logo as a brand identifier and its use in commerce, and copyright further protects the design itself against copying.
If you require advice on how to best protect your logo, please get in touch.
Olivia Crolla
Associate Solicitor
