When you’ve worked hard to create stunning visuals for your brand, protecting it should be a top priority. That’s where copyright and trademark rights come into play.

This article will show you how to copyright a logo and explain why trademarking your brand helps provide enhanced protection in the marketplace.

What is copyright?

Copyright gives you the exclusive rights to control how your original work is used and shared. 

Once your logo is fixed in a tangible medium (written, recorded, or saved in digital form), you automatically claim copyright ownership. This means you decide who can legally use, reproduce, or display your work.

With digital piracy causing $29.2 billion in losses in the US annually, having this protection is more important than ever. 

While your logo gets automatic copyright protection, registering it through the United States Copyright Office gives you stronger rights to take legal action. As the registered copyright owner, you have more control to stop others from copying or using your work without permission.

What is a trademark?

A trademark protects the unique logos, symbols, names, phrases, or designs that are identifiable to your brand. It safeguards your brand’s identity and recognition.

As a trademark owner, you get exclusive rights to use your logo and other brand elements in commerce, preventing others from using similar logos that might confuse your customers​.

Registering your trademark through the United States Patent and Trademark Office (USPTO) provides nationwide protection. You can also safeguard your brand internationally through the Madrid Protocol.

Trademark vs copyright: What’s the difference?

Both copyright and trademark laws are essential for protecting your intellectual property rights, but they cover different aspects of your brand.

Copyright automatically protects your logo as original artistic work, giving you exclusive rights to reproduce and distribute it. However, copyright doesn’t cover the brand identity linked to your logo.

That’s where trademark law comes in. The trademark status protects identifiable elements of your brand, like your unique logo, designs, or slogans, and prevents others from using anything similar that might confuse customers.

Using copyright and trademark as intellectual property protection for your logo helps safeguard your brand creatively and commercially.

What can you safeguard with copyright protection?

• Artistic works: Logos, paintings, drawings, and photographs that exhibit creativity.
• Literary works: Books, articles, and other written content.
• Musical compositions: Original music and lyrics.
• Audiovisual works: Films, videos, and animations.
• Software code: Original programming and applications.

What can you safeguard with trademark protection?

• Business logo: Unique designs that visually represent your brand.
• Brand name: The name that identifies your products or services.
• Slogans: Catchphrases or taglines associated with your brand.
• Product packaging: Specific designs or shapes that distinguish your products.
• Sounds, scents, and colors: Unique auditory or sensory elements that are strongly linked to your brand identity.

Trademark and copyright symbols

Works protected by copyright or trademark are marked with the following symbols.

	The copyright symbol © signifies that a work is protected by copyright law. It indicates that the creator has exclusive rights to reproduce, distribute, and display their original work. It’s often followed by the year of first publication and the name of the copyright owner, reinforcing their legal claim to the work.
	The registered trademark symbol ® signifies that a trademark has been officially registered with the relevant government authority.
	The trademark symbol indicates that you claim ownership of a word, phrase, logo, or design as a trademark or service mark, even if it hasn’t been officially registered.

Why is it important to copyright and trademark your eCommerce store logo?

Registering both copyright and trademark for your logo comes with great benefits that protect your business and give you peace of mind.

Prevents copycats

Registering for copyright and trademark protection strengthens your ability to stop others from copying or using your logo without permission.

Copyright registration acts as a warning – people are much less likely to imitate legally protected branding elements​.

You’ll have the legal power to sue anyone infringing on your rights and potentially get compensated for any losses​. Without registering, it’s much harder to win these kinds of cases.

Exclusive ownership and protection

With copyright, you own the creative design itself and control its use. A trademark protects the logo as part of your brand identity in the marketplace. This means no one else can legally use something too similar without your approval​.

Solidifies your brand image

A registered copyright and trademark make your business look more professional and trustworthy. It shows that you’re serious about protecting your brand, which attracts more customers and partners​.

How to get a logo copyrighted or trademarked

Copyright only protects original designs, so make sure your logo is distinctive and unique.

Confirm that your logo isn’t already registered by heading to the following sites:

• For copyright: Check the public Copyright Records.
• For trademark: Search the USPTO trademark database.

If all is clear, proceed with the trademark and copyright registration process.

Copyright registration 

1. Register online: Access the US Copyright Office website and log in to the Electronic Copyright Office (eCO) Registration System.
2. Choose application type: Select the Single Application ($45) or the Standard Application ($65), depending on your needs.
3. Complete the form: Provide all the required details about your logo design and select Work of the Visual Arts in the Type of Work section.
4. Submit payment: Pay the filing fees based on your application type. Additional fees may apply for specific cases.
5. Processing time: Expect to wait between 1 to 3.5 months for standard applications and around 6 months or more if additional information is needed​.

Trademark registration

1. File your trademark application: Submit your application online through the trademark electronic application system on the USPTO website.
2. Pay the filing fee: The cost ranges from $250 to $350 per class of goods or services.
3. Processing time: The federal registration process typically takes 12 to 18 months and includes a potential opposition period. 

Note that you must submit a separate application for international protection through the Madrid Protocol.

Enforcing your copyright and trademark rights

Once your registration is complete, it’s up to you to monitor any violations and take action. 

Here are some tips on how to proceed in case of copyright or trademark infringement: 

• Gather evidence: Save screenshots, links, or physical copies of anything showing unauthorized usage of your trademarked logo or design. Note when and where this occurred, and make sure your copyright notice is clearly visible on your work to strengthen your case.
• Contact the infringer: Reach out to whoever is using your work and explain the situation. Politely ask them to stop, as this alone can sometimes resolve the issue.
• Seek professional assistance: If the person doesn’t respond or refuses to resolve the issue, contact an intellectual property or trademark attorney. They can help you decide the next steps, whether it’s sending a formal cease and desist letter or taking legal action in federal court.

What can’t you copyright?

While copyright law covers a variety of original works, not all logos and concepts can be copyrighted. Here’s what falls outside of copyright protection.

Common knowledge

Information that’s widely known can’t be copyrighted. No one can claim ownership of facts such as:

• The Earth orbits the Sun.
• The dates of the Civil War.
• Water boils at 212°F (100°C).

Unfixed work

For something to be copyrighted, it needs to be “fixed” – meaning it has to exist in a tangible medium that people can see, touch, or interact with. Simply having an idea isn’t enough.

For example, if you’ve sketched out several ideas for a logo design, you can’t copyright them until you actually put them on paper or save them digitally. Once your idea is drawn or saved on a computer, it becomes something that can be protected.

Ideas, methods, and systems

Trademark and copyright laws don’t protect ideas, methods, or business processes. These are typically covered by patent law. Examples include:

• Business procedures and models, like print-on-demand.
• Mathematical principles, formulas, or algorithms, such as the Pythagorean theorem.
• Concepts and processes, such as the industrial assembly line.
• Scientific discoveries, like the law of gravity.
• Recipes, such as your family’s casserole.

Names, titles, and slogans

When you create a catchy brand slogan for your business, head straight to the trademark office – copyright protection doesn’t cover slogans, names, and titles.

FAQs

Wrapping up

Knowing how to copyright a logo is crucial for legally protecting your brand’s creative identifier. Create a fantastic logo using original artwork and submit it to the United States Copyright Office through their online portal or by paper application.

Once registered, your original logo will have enhanced copyright protection, confirming your ownership of its creative design.

Remember, while copyright protects the design elements, you should also trademark your logo at the intellectual property office to safeguard your brand’s identity and usage in the marketplace.

Copyright Infringement 101

Let’s start with a brief introduction of terms. Before we delve through the intricacies of copyright infringement in dropshipping, here are the concepts you’ll find in any discussion of copyright:

1. What is intellectual property?

Intellectual Property laws exist as standalone civil rights or creator-specific attribution rules, depending on the country. The regulations apply specifically to commerce, and there are civil penalties for profiting from someone else’s work. In the US, copyright infringement penalties can include paying for statutory damages due to lost profit, fines from $200 to $150,000, and even jail time of up to five years.

Some copyright owners are more obtuse than others – especially when it comes to a copyrighted song – and even large corporations get into hot water from time to time. You don’t have to pay a quarter every time you say a song title, but things can get dicey when there are clear commercial assets on your products.

IP law includes protections for:

• Patents – technical inventions that you can’t recreate by law without express permission. These include engineering and design techniques, maps, blueprints – anything that does something in a new way.

As a unique example, a dispute that went all the way to the US Supreme Court determined that new genetically spliced plants – even if growing and profited from by accident and the force of nature – are by law considered patents you need permission to distribute. This action has led to many legal troubles for farmers.

• Copyright – copyright exists for creative works in a tangible form. Abusing a holder’s exclusive right will elicit copyright notice claims. If you find one in your email, immediately stop before receiving a substantial fine.

Things like parody, paraphrasing, and homage are exceptions to the rule. You can modify and create contemporary renditions of popular media, but this is an unsustainable practice in the long run.

Opinions on pop-culture can change. Having a consistent and original brand will keep more invested customers.

Many creators fall for an easy money-making technique that ends up being at risk of copyright or fails to grow beyond a gimmick. A rule of thumb is that no one will take a bootleg design seriously, but an original brand will instantly have nothing to compare it to – it’ll be unique.

• Trademarks – Registered trademarks are equivalent to a business identity. When capitalized or used similarly, even simple sayings like Eat Fresh become copies of an existing Subway restaurant trademark.

Trademarks are usually slogans, titles, and brand logos protected for competitive market reasons. Without trademarks, it would be easy to confuse and mislead customers. It’s generally unwise to copy these without a sale or other transfer of ownership.

Using a trademark item, even if you’re willing to pay for it, won’t guarantee you results. Trademark laws protect brand identities against other parties in the market, which means you’re better off building your own unique brand image.

• Trade Secrets – Intangible processes, recipes, organizational functions, and other unique bits of valuable information fall into this category. Unless you plan to unveil Coca-Cola’s secret recipe on a t-shirt design, trade secrets rarely get used outside of their specific market.

2. Copyright law vs public domain

Copyright is rooted in a foundational international treaty via the Berne Convention. It has since been the basis for the protection of creative expression. Section 107 of the Copyright Act details the four factors promoting fair use and copyright infringement in the US.

• Purpose of use – either commercial use or nonprofit educational purposes. The latter, such as private study, is fair use.
• Nature of the copyrighted work – creative works have more copyright claims than factual works like informational pieces.
• Amount of the copyright’s use – the more you take from a copyrighted work, the higher the chance it’ll become a copyright infringement.
• The effect upon the potential market – whether using the copyrighted work infringes upon the owner’s potential market holdings and profit. 

When designing from someone’s existing work to appeal to similar audiences, you must understand that even modified creations can be considered theft. Using direct assets isn’t as preferable as an original twist to the idea.

It’s better to stick to the public domain. When using copyrighted content, you need to receive a licensing agreement from the purchase or tangible permission from the copyright holder. It’s both time-consuming and largely unsustainable if you want to develop your own loyal user base.

3. How to find a copyright owner

Avoiding copyright infringement starts by receiving permission from the owner. It’s easiest if you’ve been maintaining a network of like-minded content creators for collaboration.

When researching, a copyright owner can be challenging to find. Internet mediums are unpredictable due to vast non-commercial sharing. If finding a profile, signature, or watermark is impossible, try checking out Copyright Offices in the US and Canada.

Note that you should never assume that something is fair use, even if you’ve exhausted attempts to locate an author.

If you’re thinking of including items that might be considered a patent or trademark, reach out to these IP Offices: United States Patent and Trademark Office and Canadian Intellectual Property Office

4. Top 4 tips on how to avoid copyright infringement

Copyright is infringed upon all the time, but there are always risks associated with it.

React culture, for instance, is when content creators react to something. This type of redistribution counts as copyright infringement. In many cases, the original creator won’t file a copyright notice due to the free publicity. Many creators fall down the content ID rabbit hole, and can end up losing their entire media presence.

Frequently asked questions

Conclusion

Copyright laws are ruthless. If you want to create a derivative work, you’ll have to jump over a lot of hurdles to avoid suffering penalties and costs for  infringing work.

Transitioning digital materials for your online store or any other such use of copyrighted material requires a licensing agreement, without which you might end up needing more legal advice.

Maintain a unique product instead – avoid copyright infringement entirely. Sustain a quality brand and be fully responsible for the designs you put onto your products. Find other helpful design ideas for your POD business and create an original basis for your store catalog.

Make it happen today!

Start designing

If this question pops-up, you’re probably thinking of using an image or text created by someone else and possibly copyrighted. How to know if a design is ready for commercial use?

We have prepared a visual copyright guide of what you can not use

More detailed information can be found in our Intellectual Property Guide.

Can I print this?

This article is for educational purposes only, not for commercial use. Images used in this article are the property of their authors and cannot be used for commercial purposes. 

Explore our Catalog, create custom products with your design and sell them on your store. We manage automated order production and shipping directly to your customers – with your branding.