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Q&A for How to Copyright a Logo
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QuestionWhat are the benefits of trademarking a logo?Madison Boehm is a Business Advisor and the Co-Founder of Jaxson Maximus, a men’s salon and custom clothiers based in southern Florida. She specializes in business development, operations, and finance. Additionally, she has experience in the salon, clothing, and retail sectors. Madison holds a BBA in Entrepreneurship and Marketing from The University of Houston.Trademarking your logo helps to protect your brand. If someone ever tries to copy you or have a product that goes nationwide, you don't have to worry about another competitor stealing your name/title. A trademarked logo also adds an intangible value to your business—so, that's part of the profit you'd make as an owner when you go ahead and sell the business.
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QuestionCan I copyright a logo in the USA even if I am not American, nor a US resident?Community AnswerIn short, the answer is yes, but for a longer, more detailed answer, consult the copyright office's website.
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QuestionCan I trademark a logo that is being used by a store without my permission?Elizabeth BolsterCommunity AnswerIf the store is using a logo and it is copyrighted, you can't use it. If you created the logo and copyrighted it and the store is using it without permission, you can sue them.
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QuestionCan you register copyright under the age of 18?Community AnswerYou should consult with an intellectual property attorney about your situation.
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QuestionIf my unpublished artwork got a copyright in Canada, can I also register this artwork in the U.S.?Upnorth HereTop AnswererYou can register your copyright ownership in the USA, but it's not clear whether you obtain any better rights to enforce it, since registration is not required for foreign works, by treaty.
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QuestionIf I created a logo on an application, is it mine of the property of the application?Upnorth HereTop AnswererAs a general rule, under US law, the logo copyright is owned by the "legal author" until transferred to others. A logo's trademark rights can only be owned by someone actually using the trademark on goods or services.
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QuestionIf a logo was made for me several years ago, do I need to find the creator in order to copyright it?Upnorth HereTop AnswererPossibly, unless the artist worked as your employee. Your ownership of the copyright (under US law) would be entirely determined by existence and content of a written document signed by the original artist or employer prior to its creation. In theory, someone owned the copyright from the moment the work was first created.
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QuestionI have a logo and a name but I might want to change the font or style later on. Is there a particular copyright I need to do?Upnorth HereTop AnswererCopyright? Only if your work has the necessary level of creativity for copyright protection. Trademarks, on the other hand, are regulated differently in various countries. In the USA there is no legal requirement to register them, but if you do register one in the form of a word mark, it would generally cover any font, orientation, spacing, punctuation or even translations of those words. You can use and register a specific font or color, if you want to, and the registration for the words may still be valid to some extent for the "words alone", depending upon the laws in your jurisdiction.
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QuestionCan a Sheriff's Office badge logo be copyrighted?Upnorth HereTop AnswererYes, in theory, an original work of creative authorship may come under copyright protection. If challenging an alleged infringer, you would have the burden of proving originality and creativity, not to mention authorship and ownership.
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QuestionA company designed a logo for me. Do they need to apply for copyright, or can I do it?Upnorth HereTop AnswererIn the US, ownership of a "work made for hire" typically means the company that created the logo would automatically own the copyright, unless you have a signed contract stating otherwise. Be sure to check the laws in your country.
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QuestionCan I copyright a logo I created using an app that provided all features and designs, which I customized to my taste?Upnorth HereTop AnswererYes, but your copyright ownership would only extend to the "original work of creative authorship" that you contributed, which is the "customized" part. You would need to review the terms of the license you obtained to use the underlying "features and designs" provided by others through the app.
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QuestionWho is the actual owner of the work if I created the words for a t-shirt and my volunteer created the artwork? Can I reproduce the t-shirt without her permission?Upnorth HereTop AnswererA volunteer is not legally considered an employee. Two people who collaborate on a creative work may become joint owners, depending on the circumstances and any agreements made. Proof of an agreement can determine ownership rights and the need for further permission.
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QuestionCan my 17-year-old nephew copyright a logo he created?Upnorth HereTop AnswererThe logo is automatically copyrighted when it is created in a tangible form, provided it qualifies for copyright protection under US law. Your nephew can optionally register the copyright with the US Copyright Office. If further action is needed, like filing a lawsuit or licensing, an adult may need to be involved.
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QuestionCan I copyright my company logo for worldwide protection even if I am not in the USA?Upnorth HereTop AnswererYou will need a legal opinion on the relevant copyright and trademark laws in each country where you intend to enforce your rights, considering various international treaties and the national laws that implement them.
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