Do You Really Own Your Logo? Dual Trade Mark and Copyright Ownership in Logo Protection
In today’s brand-driven economy, a logo is far more than a visual identifier—it’s a powerful brand asset that conveys identity, builds consumer trust, and can be the most recognizable symbol of a brand’s reputation. Yet, despite its value, many businesses overlook one crucial aspect of logo protection: ownership.
A logo often benefits from dual legal protection under both trademark and copyright law. However, these rights arise from different legal frameworks and do not always vest in the business by default. Without proper legal steps, businesses may end up with gaps in their intellectual property (IP) portfolio—particularly around copyright ownership—which can leave enforcement, licensing, and expansion plans on shaky ground.
Trade Mark vs. Copyright: The Basics
A registered trademark protects your logo as a sign that distinguishes your goods or services from those of others. Registration grants the exclusive right to use, license, and enforce the logo in connection with nominated goods/services across Australia.
Trademark protection is territorial, can be registered, and can last indefinitely (if the trademark remains in use and is periodically renewed).
Copyright, on the other hand, protects the original artistic expression of the logo itself. In Australia, copyright arises automatically when an original work is created—but crucially, it vests in the human creator by default, unless transferred.
Copyright usually lasts until 70 years after the author’s death, but without written assignment to another entity, the creator—often a designer or design agency—remains the owner.
Why Ownership Matters
The key to protecting any trademark—including a logo—lies not just in registration or use, but also in ownership. You can often secure both trademark and copyright ownership for a logo. In Australia, for example, logos may be protected under both the Trade Marks Act 1995 (Cth) and the Copyright Act 1968 (Cth). Without owning both rights, businesses may face challenges.
Dual Logo Protection: Why You Need It
A common misconception among brand owners is that simply registering a logo as a trademark is enough. But owning a trademark registration does not automatically mean you own the copyright in the logo, and vice versa. While trademark registration can offer indefinite protection (if used and renewed), it does not prevent unauthorized copying outside of the context of trademark use. That’s where copyright comes in.
On the other hand, relying solely on copyright can be problematic. Copyright is automatically granted, but establishing copyright ownership in court requires proof of originality and (human) authorship, which can be complicated with outsourced or AI-generated designs. The duration of copyright is also limited (typically the author’s lifetime plus 70 years), whereas trademark rights can potentially last forever.
The enforcement scopes of both rights also differ—trademark rights protect against consumer confusion while copyright protects against copying, to put it simply.
A dual-protection strategy secures both the artistic and brand value of the logo.
Securing Dual Trade Mark and Copyright Ownership: Practical Guidance for Brand Owners
As digital design platforms and generative AI become mainstream in brand development, the convergence of trademark and copyright issues will only intensify. Businesses need to take a proactive approach, ensuring that the legal protection of their logos keeps up with their creative evolution.
