Copyright or Trade Mark Protection?

Your brand could consist of a logo, artwork, drawing or words, or a combination of elements. 

When a brand is made up of elements that are not just words in plain type format, it is likely that the brand or logo attracts automatic copyright protection, being an original work of art. 

While this is good news, this doesn't mean that you should sit back and relax. It's still important to apply to register a trade mark for your logo. 

This is because a trade mark registration is easier to rely on than copyright protection when attacking a potential infringer. A trade mark registration provides a clear warning to would-be infringers. It's also a tangible right, which can be licensed or sold. 

On the other hand, if one of your brand elements is a word or phrase in plain type format only, this word or phrase will not attract copyright infringement. If you want to ensure you have exclusivity for your trade mark in relation to a particular list of goods and services, you definitely need to apply to register a trade mark.  

If you have a number of elements which make up your brand, and you're not sure which elements to protect, talk to TMJAM. We'll happily audit your brand and advise you on the best course of action. 

Talk soon, 

TMJAM.