There are two forms of logo protection: trademark registration or copyright protection. If the logo and its author meet specific requirements, the logo’s copyright is immediately protected. For trademark protection, it is necessary to file an application. The type of protection chosen is determined by the purpose of use and registration.
1. Definition of the registration form of trademark and copyright protection
Registration for trademark protection of a logo refers to an individual or organization that submits a copyright registration dossier at the National Office of Intellectual Property in order to protect the logo in both form and content (words, images, colors…). This is a very strong protection measure, which can almost completely limit the problem of confusion with the logos of other subjects.
Copyright Protection for a logo means that someone or an organization sends a document to the Copyright Office to protect their logos.
2. Conditions for trademark and copyright protection
For a logo (a work) to be protected by copyright, the prerequisite must be independent creativity. That is, the work created is the fruit of intellectual labor, not copied from the works of other subjects.
On the other hand, the condition for a trademark to be protected is not creativity but distinctiveness, that is, a trademark registered for protection must help people distinguish and identify goods and services of the same type that trademark owners are providing to their customers.
This also means that when registering for trademark protection, it is mandatory to be associated with a certain group of goods and services, but not for copyright.
3. Scope of trademark and copyright protection
When choosing the form of copyright registration for logos, such logos will be protected together with the creative works of the author, this protection will be provided in all areas of social life. However, the level of protection for copyright will be weaker than trademark protection because only when other entities use logos that are identical or so similar that they cannot be distinguished, will that object be considered to be infringing copyright.
As for the form of registration for trademark protection, the logo owner will be protected in terms of semantics, presentation, colors, models, sections… of that logo. This is considered one of the protections with a wider scope than copyright registration. Because when an object uses a logo similar to one of the elements that make up the logo, it can also be considered an infringement of intellectual property rights. However, one thing to note is that the trademark will only be protected within the group of products and services registered with the competent authority. In case an object uses a logo similar to the owner’s logo for another group of products or services, it will not be considered a violation.
4. Advantages and disadvantages when registering trademarks and copyrights
4.1 Advantages
| TRADEMARK | COPYRIGHT |
It is a strict logo protection mechanism today. The scope of protection is wide (both content and form), best limiting confusingly similar logo infringement. |
Fast issuance of the Certificate. Because it does not go through the same rigorous due diligence process as a trademark. |
After successful registration of the logo, the law will protect this logo, this is also the basis for the competent authority to handle other forms of intellectual property rights infringement such as trade names, domain names or acts of abusing names similar to protected trademarks to confuse consumers. |
The protection period for copyright is quite long. Works that are logos will have a term of 75 years from the time they are first published. For works that have not been published in the 25 years since the work was shaped; The term of protection will be up to 100 years from the time the work is shaped. |
Trademark protection document is a document certifying the reputation of an enterprise when providing its products and services to the market. Thereby strengthening the position of the business in the market. |
Based on creativity and is not attached to goods, services. |
4.2 Disadvantages
| TRADEMARK | COPYRIGHT |
The conditions for being granted a Certificate of Trademark Protection Registration for logos are quite complicated. It is necessary to go through a rigorous due diligence process. The National Office of Intellectual Property shall appraise the form, then publish the application in the Industrial Property Gazette, then appraise the trademark content before deciding to refuse to grant a protection certificate or deciding to grant a certificate. Trademarks associated with a certain group of goods, services subject to registration requirement. |
The form of copyright registration of Logo may be an applying artwork that is only done with images and symbols on the logo, not including the accompanying written content. |
The period of protection is limited (10 years). Individuals and organizations must renew within 06 months before the expiration date of the trademark protection diploma. |
Non-renewable |
5. Conclusion
From the analyzed information above, depending on the needs and purposes of using the logo, individuals and organizations will consider the form of trademark protection registration or copyright registration for the logo. In case the logo owner wants to register the logo for the purpose of commercializing their products and services, positioning the brand, limiting the status of copying the logo from competitors, they can consider choosing the form of logo trademark registration.
On the other hand, in case the logo owner only wants to protect the creativity of the logo work and is recognized as the owner of the logo, they can consider the option of registering copyright protection to save costs and procedure time.
Trademark protection or copyright protection for a logo is important because, as noted, this is a tool to help protect the legal rights and interests of the owner, further contributing to helping logo owners promote their products’ image and services closer to the public.
