Can I Get My Logo Copyrighted? Is It Necessary If It's Already Trademarked? What Should I Choose—Trademark or Copyright?
Introduction
In the world of business and branding, a brand logo is often the first impression of your business identity. Whether you’re a startup or a legacy brand, protecting your logo is crucial. Clients often ask: Can I get my logo copyrighted? Is it necessary if it’s already trademarked? If I have to choose just one, which should I go for—copyright or trademark? Let’s explore this in detail.
Can You Copyright a Logo?
Yes, a logo can be copyrighted—but with conditions. Under the Indian Copyright Act, 1957, a logo qualifies for copyright only if it is original and involves a minimum degree of creativity. Simple geometric shapes, mere text without stylization, or commonplace symbols usually do not qualify for copyright protection.
Example:
- ✅ A hand-drawn lion with stylized typography for a luxury clothing brand is eligible for copyright.
- ❌ A basic circle with the letter “X” in Arial font may not qualify for copyright but can be trademarked.
When a logo is copyrighted, the creator gets the exclusive right to reproduce, publish, and adapt the logo. Copyright comes into existence automatically once the logo is created and fixed in a tangible form, but registration is advisable for legal proof and enforcement.
Is It Necessary to Copyright a Logo If It’s Already Trademarked?
Short Answer: No, it’s not mandatory—but both serve different purposes.
A trademark protects your logo as a brand identifier—it ensures no one else can use a similar mark in the same class of goods/services. It safeguards your brand from consumer confusion and business loss.
On the other hand, copyright protects the logo as a piece of creative expression—useful if someone copies your logo in artworks, merchandise, websites or advertisements, even outside the scope of business identity.
Example:
Let’s say your brand logo is a stylized peacock:
- If someone opens a competing business with a similar peacock logo, your trademark stops them.
- If someone uses your peacock logo in their book cover or t-shirt design, your copyright helps you stop that usage.
So, if your logo is already trademarked, it’s not legally necessary to copyright it—but it adds a layer of protection.
If You Can Only Choose One: Trademark or Copyright?
As an IP Consultant, I’d recommend:
✅ Choose a Trademark if your primary objective is brand identity, business reputation, or exclusive use in commerce.
✅ Choose Copyright if your logo is more of a creative work (like artwork) and not central to a brand or product line.
In most business and commercial scenarios, Trademark Registration should be your first choice. It:
- Offers protection in specific classes of goods/services
- Builds brand recognition
- Is renewable indefinitely every 10 years
- Can be enforced against identical or deceptively similar marks
Copyright, while useful, is more limited in scope when dealing with commercial brand infringement.
Final Words
If your logo represents your business, your first step should be to file a trademark application under the relevant class(es). If the logo is unique and artistic, consider filing for both trademark and copyright for holistic protection.
At My Trademark Guide, we help you determine the best IP strategy tailored to your business needs. Whether it’s Trademark Registration, Copyright Filing or Dual Protection, our experts ensure your brand remains legally safe.
