What is a Logo? Forms of logo protection you can register?

Registering for logo protection is an important step to help businesses protect their brands. A logo is not only an identifying symbol but also brings great commercial value. Registration can be in the form of trademarks or copyrights, helping to prevent infringement and unfair competition. The article will analyze in detail the forms of logo protection, registration procedures and the benefits of businesses when implementing this protection.

What forms of logo protection can be registered?

Logos can be registered for protection in two main forms: copyright and trademark. Each form has its own advantages and provides different legal protections for logo owners.

1. Register for logo protection in the form of copyright:

• Logos are considered works of applied art according to the provisions of Clause 8, Article 6 of Decree No. 17/2023/ND-CP. This is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to a useful object. When registering for protection in this form, the logo owner will be issued a Copyright Registration Certificate.
• Copyright on logos includes moral rights and property rights. Moral rights include the right to name, title and protect the integrity of the work. Property rights include the right to copy, distribute, and communicate to the public.

2. Register for protection of the logo as a trademark: The logo can also be registered for protection as a picture trademark or a combination trademark. Upon successful registration, the owner will be issued a Trademark Registration Certificate. Reference content to Article 72 of the Law on Intellectual Property 2005, amended and supplemented in 2022.

Businesses should consider carefully choosing the most suitable form of protection for their logo. If the main purpose is to protect creative rights and prevent copying, copyright registration is a good choice. If you want exclusive rights to use your logo in business, trademark registration will be more appropriate. Many businesses choose to register for both forms to receive comprehensive protection.

Why is it necessary to register copyright protection for a Logo?

Registering copyright protection for a logo is an important step to protect a business’s intellectual property. This registration brings many practical benefits to logo owners.

• Quickly receive a copyright registration certificate, long-term copyright protection period and reasonable registration costs, with no copyright renewal fees.
• Registering copyright protection helps prove legal ownership of the logo. The copyright registration certificate is legal evidence of the time of creation and the owner of the logo. This is important in preventing and handling copyright infringements.
• When a logo is registered for copyright protection, the owner has a legal basis to prevent the unauthorized copying and use of the logo. This helps protect the uniqueness and brand value of the business in the market.
• Copyright-protected logos become valuable intangible assets of the business. This value can be valued, transferred or used as collateral in business transactions.
• Create competitive advantage: Copyright-protected logos help businesses build a reputation and competitive advantage in the market. Customers and partners will appreciate the business’s professionalism and respect for intellectual property rights.

Logo protection terms in the form of copyright and trademark

1. The term of logo protection in the form of copyright is specifically stipulated in Clause 2, Article 27 of the Law on Intellectual Property 2005, amended and supplemented in 2009. This term is specified as follows:

Works of applied art have a term of protection of 75 years, from the time the work is first published; For works of applied art that have not been published within 25 years from the time the work was fixed, the term of protection is 100 years from the time the work was fixed.

The right to be protected for a limited period of time: Property rights and some other personal rights are protected for a specific period of time:

• 75 years since the logo was first announced
• 100 years from completion of logo if not published within 25 years from completion.

Rights protected during this term include:

• Right to publish the logo or allow others to publish it
• Right to create derivative works from the logo
• Permission to copy logo
• Right to distribute and import to distribute originals and copies of logos.

After the protection period expires, the logo will belong to the public and anyone can use it without asking permission or paying royalties to the owner. However, moral rights that are protected indefinitely are still respected and protected.

2. The term of logo protection in the form of a trademark is specifically stipulated in Clause 6, Article 93 of the Law on Intellectual Property 2005, amended and supplemented in 2022. This term is specified as follows: Certificate of registration Trademark registration is valid from the date of issue until the end of ten years from the date of application, and can be renewed for many consecutive times, each time for ten years.

Consulting services and support for Logo protection registration at Long Phan

Long Phan provides comprehensive consulting and support services in the process of registering logo protection in the form of copyright or trademark. With a team of experienced experts in the field of consulting on Intellectual Property and related rights, we are committed to providing effective and cost-effective solutions for businesses.

Services we provide include:

• Consulting services: Analyze the legality and protection of the logo and advise on choosing the appropriate form of protection (copyright or trademark)
• Support registration procedures: Prepare registration documents according to the latest regulations, support drafting declarations and related documents
• Customer representative: Support customers in submitting documents and explaining and supplementing documents as requested by competent authorities
• Post-registration services: Support in handling disputes related to copyright, consulting on renewal and transfer of logo ownership.

Registering logo protection in the form of copyright is an important step to protect a business’s intellectual property. Customers need in-depth advice to choose the most suitable protection plan. Please contact Long Phan immediately via Hotline: 0906735386 for dedicated support. We are committed to providing optimal solutions, and helping customers effectively protect their logos and brands.