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Launching your own business is an exciting milestone-your brand feels real when you have a name, a mission, and, of course, your very own logo. Your logo isn’t just a pretty image; it’s the calling card of your entire business, helping customers remember and trust you. But with so much competition out there, it’s crucial that your logo is legally protected so nobody else can use it or piggyback on your hard work.
We know it can feel overwhelming trying to figure out whether you can copyright a logo, register it as a trade mark, or understand what all those different legal symbols mean. Don’t stress-getting your logo protected is more straightforward than you might think. In this guide, we’ll walk you through how your logo can be protected in the UK, covering both copyright law and trade mark registration. You’ll find out what’s required, how long your rights last, and what practical steps you should take to safeguard your brand from day one.
Let’s break down the essential legal protections for your business logo and how to put them in place.
Why Protecting Your Business Logo Matters
Branding isn’t just a marketing exercise-your logo is a valuable business asset. It helps customers recognise you, sets you apart from competitors, and builds trust in your products or services. But this value can quickly disappear if someone copies, modifies, or uses your logo without permission.
Taking the right steps to protect your logo helps you:
- Stop competitors or copycats from using a similar logo
- Strengthen your legal position if you ever need to challenge infringement
- Boost your business valuation or attractiveness to investors
- Build confidence in your brand’s authenticity and trustworthiness
Ignoring logo protection means you could lose out on all of these benefits. Let’s look at how UK law protects your logo and what you need to do.
Does Copyright Protect My Logo?
The short answer is often yes. In the UK, copyright is a type of intellectual property that automatically protects original works of art and design-including many business logos.
Here’s how it works:
- Automatic protection: As soon as you (or a designer you hire) create a logo that’s original and creative-not just a plain word or basic geometric shape-copyright arises automatically. There’s no formal registration required in the UK.
- Originality matters: Your logo will only qualify for copyright if it’s considered sufficiently original. Logos that are simply generic text with no creative elements might not be protected.
- Duration: Copyright in a logo generally lasts for the lifetime of its creator plus 70 years after their death. This can mean your business enjoys decades of protection.
The owner of the copyright is usually the person (or company) that actually created the logo, unless there’s a contract stating otherwise.
For example, if you hired a freelance designer, make sure you get a written intellectual property assignment transferring the rights to your business. Otherwise, the designer could still own the copyright!
Copyright of a logo gives you the right to:
- Reproduce the logo (including in digital or printed form)
- Display it on your products, website, or marketing
- License others to use the logo
- Prevent others from copying the logo without your permission
While copyright offers important protection, it has some limits. Copyright doesn’t stop someone from creating a confusingly similar logo; it only covers direct copying. That’s why trade mark registration is often the best next step for full protection.
How To Register Your Logo as a Trade Mark
If you want true brand security, trade mark registration is usually essential. Registering your logo as a trade mark gives you the exclusive right to use it in connection with your business for the registered categories of products or services.
Here’s what you need to know:
- What is a trade mark? In the UK, a trade mark is any sign that distinguishes your goods or services from those of others. This includes names, words, logos, designs, colours, shapes, or any combination of these.
- How do I register my logo? You need to apply for registration through the UK Intellectual Property Office (UKIPO). The process involves submitting your logo, choosing the classes that match your business (like clothing, food services, technology), and paying a fee.
- What rights do I get? If registered, you can use the ® symbol and take legal action against anyone who uses the same or confusingly similar logo for similar products or services.
- How long does protection last? Registered trade marks give you exclusive rights for 10 years, but you can renew these rights every decade, which means your protection can last indefinitely.
- What if I have an unregistered trade mark? You may still have some “passing off” rights, but these are far less robust and much harder to enforce than official registration.
A successful trade mark registration can be a game-changer for your business. It’s your best legal tool for stopping copycats. For more guidance, check out our detailed guide on trade mark vs copyright and how to register a trade mark in the UK.
Should I Use Legal Symbols With My Logo?
Displaying copyright and trade mark symbols can act as a clear warning to others that you take your intellectual property rights seriously.
- © (Copyright symbol): You can use this with your logo as soon as it’s created, signalling you claim copyright in the design. It’s not legally required, but it can help deter infringement.
- ™ (Trade mark symbol): Use this to show that you consider your logo a trade mark, even before it’s registered. It doesn’t give you extra legal rights but signals your intent.
- ® (Registered trade mark symbol): Only use this after your logo is officially registered as a trade mark in the UK or another country. Using it without registration is against the law.
Adding the right symbol to your logo in your marketing materials and website is a good, low-effort way to warn would-be infringers and demonstrate your willingness to enforce your rights.
What’s Better-Copyright or Trade Mark for Logo Protection?
This is a common question for business owners. Both forms of protection work together rather than against each other.
- Copyright covers the original artistic expression in your logo (the exact artwork or design).
- Trade mark registration protects the logo as a brand identifier for your products or services, even from lookalikes or similar designs.
Relying on only one route isn’t recommended. Here’s why:
- Copyright is a great starting point (and is automatic!), but is limited if someone creates a “similar” logo that isn’t a direct copy.
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Trade mark registration enables you to:
- Challenge both identical and confusingly similar logos
- Stop infringement in the marketplace, not just in creative works
- Secure your rights in specific markets or classes
The strongest approach? Secure both. That way, you’re protected from the start and fully equipped to act against any kind of potential infringement.
Who Actually Owns the Copyright or Trade Mark in My Logo?
Ownership comes down to how your logo was created:
- You created the logo yourself: You automatically own the copyright and can register the trade mark in your name or your company’s name.
- You paid an employee to create it: Copyright normally belongs to your business (so long as it was created as part of their normal job duties).
- You engaged a freelancer/designer or agency: Unless you specifically get an IP assignment agreement, they may own the copyright, even if you paid for the work. Always ensure you have a contract assigning rights to your business.
For trade marks, you (or your company) should be listed as the applicant and owner. Be sure to keep your business structure in mind-if you’re operating through a limited company, it’s usually better for the company, not you personally, to own the IP.
Check out our guide on protecting your intellectual property for more on how to avoid ownership disputes.
How Do I Prove Copyright or Trade Mark Ownership?
If you ever need to enforce your rights, you’ll likely need to prove you own your logo. Here’s how:
- Copyright: Keep records that show how and when the logo was created-for example, dated design drafts, emails with your designer, invoices, or signed IP assignment agreements.
- Trade mark: A copy of your trade mark registration certificate from the UKIPO or EUIPO is evidence of your rights.
Solid documentation makes it easier and less costly to enforce your rights or to demonstrate your ownership if challenged.
What Is the Process for Registering a Logo as a Trade Mark in the UK?
Here’s a quick overview:
- Carry out a trade mark search to make sure your logo isn’t already registered or too similar to another protected mark in your business sector.
- Choose the correct classes for your goods or services (for example, Class 25 for clothing, Class 35 for retail).
- File your trade mark application online at the UK Intellectual Property Office, including your logo artwork and details.
- Wait for examination and publication-if there are objections or oppositions, you’ll need to address them. Without issues, registration typically takes about 4-6 months.
- On registration, you receive a certificate and can now use the ® symbol.
If this process sounds daunting, don’t worry-our team can guide you through initial trade mark advice, search and classes, and prepare your online application.
What Happens if Someone Infringes My Logo?
If you spot another business copying or using a confusingly similar logo, your legal options depend on the type of protection you have:
- For copyright infringement: You can send a cease-and-desist letter, demand an account of profits, or seek an injunction to stop the use. If needed, you can take further legal action for damages.
- For trade mark infringement: You can take swift legal action, including seeking to have infringing goods taken off the market, domain names transferred, and may be entitled to damages or an account of profits.
It’s usually wise to start by getting professional legal advice-it can help you avoid costly mistakes or accidentally making admissions in emails or online complaints. For example, if your trade mark covers only the UK, but the infringement is overseas, your strategy may need to change. This is where specialised support is invaluable.
Key Takeaways: How To Protect Your Logo in the UK
- Most business logos are protected by copyright automatically, provided they are original and creative in design.
- Trade mark registration offers the strongest and most flexible protection, giving you exclusive commercial rights to your logo.
- Use the © symbol for copyright and ® for registered trade marks to deter infringement and signal you’re serious about your rights.
- Always ensure your business owns the copyright and trade mark-use IP assignment agreements with freelancers or external designers.
- Save documentation to prove your ownership and registration-it makes enforcement simpler if something goes wrong.
- Setting up your logo protection early can help prevent headaches (and legal disputes) as your business grows.
- If you’re unsure about copyright, trade mark classes, or enforcement, reach out for tailored professional legal support.
Get Legal Advice on Logo Protection
Making sure your logo is protected doesn’t have to be complicated-but it does need to be done right. If you want to secure copyright or register a trade mark for your logo in the UK, or just have questions about brand protection, our expert team is here for you.
Contact us at 08081347754 or [email protected] for a free, no-obligation chat about your logo and brand protection needs.
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