A business logo is the face/identity of
a business, and the only business element that accesses
the sub-consciousness of
the target market. Creating a business logo is usually the next task that after
creating a business plan. And considerably, the next project should be how to
copyright a business logo to protect it.
Firstly, we must review the fundamental basics a
person must relect on to create a business logo.
Your Business Logo – Your First Impression
Business logos are used for the purpose of
immediate and effortless recognition by the public. They should convey the spirit of your business. For instance, an advertising
business will have a very different logo from a catering business, which will
have a different logo than a dance competition, etc.
Tips on how to create a business logo
1.
Determining Your Target: Similarly to all the other marketing projects
your business will execute, it is absolutely crucial to first determine
your target market. Their age, their
general income, their gender, education level, where they live, what they like
to do, etc... Without clarifying these
details, you will not know what direction your logo design should take to
appeal to your target.
2.
Brainstorming Logo: The next step is to brainstorm. Think about the image your want your business
to have. Are you fun? Are you
innovative? Are you a trusted place for e-commerce? Take your time to brainstorm and write down
all the adjectives and images that come to mind when you describe your
business.
3. Image
of Your Business Logo: Choose an image that conveys your business’ spirit. It can be as simple as an apple (Apple
Computers) or more intricate like a check sign (Nike – wears designer). Small
details such as the thickness of lines or the complexity of the art will all
add to the feeling your image conveys.
4. Font
of Your Business Logo: When choosing the font used in your logo, you can either
stick with an existing font or you may choose to have a font designed. Either way, the font should help communicate
the feelings and adjectives you determined in your brainstorming session. The purpose of your logo is to clearly
communicate your brand. It’s imperative
the font you choose is easy to read and recognizable. Lastly, ensure the font you select is one
that you or your designer can easily recreate because you are going to want to
incorporate it on your website and other promotional tools.
5.
Colour: The use of colors can be used to evoke different emotions from
your target market. Using green will
evoke a different feeling than azure. As well, the brightness of your colour
scheme will also change the feel of the logo. One method to choosing your
colour scheme might be to research what your competitors are doing. If you see a trend, then perhaps the research
has been done for you with regards to what your target positively responds
to. The more colours incorporated in
your logo, the more expensive it will be to print.
6. Make
it Unique: the whole principle behind creating your logo is to stand out from
other businesses in your field. As a brand, you want them to think of you and
any other marketing you have done the moment they see your logo. This way, when it comes time to requiring
your service, they will automatically think of your business vs. the
competitor’s. It’s important to take
the time to really consider what can make you unique and memorable.
How to Copyright a Logo
Now that you have your business logo, let’s look
at how to protect it under copyright law.
Firstly, keep in mind that the part of the logo
that is protected under copyright is not the name, slogan or catch-phrase, but
rather, the artistic expression of the logo.
For instance, two companies can have the name “Diamond Wealth” and they
can each register their own unique logos representing their companies. It’s not the name they are registering under
copyright law, it’s the artistic expression of the logo.
Once you put your logo (an original artwork with
a creative element) in a tangible form (on paper, CD, hard drive, etc) it is
copyrighted under the category of Visual/Artistic work. This means you own the
exclusive rights to produce or reproduce the art and to transfer or license
these rights if you so wish.
Steps to Protecting your Valuable Business Logo
Against Infringement:
1. Put
your logo into a tangible form (paper, CD, hard drive, etc…). This is absolutely critical! If the work is
not in a tangible fixed form, it will not fall under the protection of
copyright law.
2.
Register your business logo with a third party who provides a
time-stamped registration certificate.
This certificate provides the protection and proof you need against
infringers, because it guarantees the time and day you submitted your logo.
3.
Maintain a copy of your registration certificate in the event
infringement occurs. This is a crucial
piece of evidence used to prove you were the original creator of the
logo.
-maintaining the copy yourself.
4. In
the case where multiple people are involved in making the logo, keep all
documentation/contracts stating who contributed what to the design.
Who Owns the Copyright to the Business Logo?
Imagine having a logo for your business and not
having the right to reproduce it? To avoid this scenario, it’s important you
ensure you own the rights to your logo design.
As a rule of thumb, the person or people who create the logo are the
owners of the copyright. However, given
most of us are not artistically inclined, and will be hiring a professional to
create the logo, there is still hope for copyright ownership:
1. Work
Made for Hire:
a. If
you commission someone to design your logo, then you, as the commissioning
party, own the rights to the logo. When
you are hiring someone for the purpose of making your logo, it is definitely
advisable to have a contract that states you own the copyright.
b.
Another scenario is if the logo was fashioned during your course of
employment. In this case, if it was part
of the scope of your job to create the art, you do not own the copyrights – the
company who employs you does.
2.
Transfer of Copyrights:
a. The
owner of the business logo can
choose to transfer all or some of the rights granted through copyright law.
3.
Licensing the Logo Design
a. When
you own the copyright to your logo, you also have the option of licensing it to
another business. This means you grant
permission to someone else to use your logo - usually for a cost and set time
period. In this scenario, you would still retain all the copyrights (unlike
when you transfer the rights to someone else) and can specify the terms of the
license.
Business Copyright Logos vs. Trademark Logos
Registering your logo artwork is different to
attaining a trademark for the logo.
Unlike copyrights, trademarks will protect: distinctive names, slogans,
words, symbols, or other original devices that identify the product or service
from others in the marketplace. The main
difference between the copyright logo and trademark logo is that the former
protects the art of the logo, and latter protects the use of the actual name as
an identifier for your business. In
other words, you might have to give up the name of your company if you have not
trademarked it and someone else has. As
such, you would have to incur the costs of changing your website, all
merchandise and promotional materials, and you may even have to pay damages and
attorney’s fees if it goes to court.
Thus, if you know you want to go national with your company’s brand, you
should do a search for your business’ name to ensure another company doesn't already own the rights.
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