Can You Copyright a Logo? (And When to Use Trade Marks Instead)

Quick Answer

In the UK, a logo will almost always qualify as an “artistic work” and therefore automatically attract copyright protection the moment it’s created. This usually allows you to stop others from directly copying your design. However, copyright alone may not give you the commercial certainty you need, because it does not prevent someone creating a very similar logo independently. If you want stronger, broader protection for your brand identity, a registered trade mark is the more powerful tool.

What Is Copyright Protection for Logos?

Copyright is an automatic, no-cost right. As soon as an original logo is designed, the law gives the creator the exclusive right to copy, reproduce and adapt it. In an employment situation the employer will normally own that copyright; for commissioned work you need a written assignment to transfer ownership. Copyright can be enforced in court to stop similar or highly similar copies of your work.

Limits of Copyright for Logos

Copyright does not protect the idea or style behind a logo. Two different designers could independently come up with similar artwork without infringement. In practice this means that relying on copyright alone makes it harder to stop competitors who tweak or reinterpret your design. It can also be difficult and expensive to prove copying if the other party claims independent creation.

When to Use Trade Marks Instead (or As Well)

Trade marks are designed to protect signs used in trade names, logos, slogans and other identifiers. A registered trade mark gives you an exclusive right to use your sign for the goods and services listed, and to stop confusingly similar marks. Unlike copyright, trade mark protection does not depend on proving copying, only on showing similarity and likelihood of confusion. That’s why most established brands register both their names and their logos.

Best Practice for Businesses

If you’re commissioning a logo, make sure your contract includes an IP assignment so the designer’s copyright passes to you. Once you’ve settled on a logo, apply for trade mark registration in your key markets and classes. Keep dated records of your design process and first use, this can help if disputes arise.

Katie Moruzzi – Senior Associate Solicitor