Logo and visual identity guide
Protecting a logo, what copyright and trademark really cover
A logo lives under two legal regimes at once. The design is a graphic work covered by copyright from its creation, for free. The commercial sign can be registered as a trademark, for a fee. Confusing the two leads to wrong expenses or bad surprises.
Copyright vs trademark, the table
| © Copyright | ® Trademark | |
|---|---|---|
| What is covered | The original design, as a creative work | The sign identifying your products or services |
| How it is born | Automatically upon creation, no formality | By registration (INPI, EUIPO, USPTO), in chosen classes |
| Cost | €0. Proof of date costs €0 to €15 depending on method | From €190 (France) or $250 (US) per class, every 10 years |
| Protects you against | Copying of the design, even outside your industry | Any similar sign in your classes, even without copying the design |
| Its limit | You must be able to prove authorship and date | Only covers registered classes, and use is mandatory |
The right strategy for your situation
Designer or studio, you deliver logos
Your stake is authorship. Date every delivered logo with a timestamped deposit before sending it to the client, it protects you in case of unpaid invoices, use beyond scope or disputes about who created what. And put rights assignment in writing in your quotes, without a clause, rights stay with you even after payment, a source of conflict for everyone.
Company, this logo is your identity
If your brand has commercial value, trademark registration is the priority protection, it covers you against similar signs from competitors. Complement it with a timestamped deposit of the source file, which establishes who created the design and when, information a trademark registration does not contain and that matters if a third party claims the design.
Early project, tight budget
Date the creation right away, it is free and covers you against design copying. Register the trademark when the project shows traction, choosing your classes precisely so you do not pay for nothing.
The number one trap, a commissioned logo without assignment
In most jurisdictions, paying for a logo does not transfer its rights. Without a written assignment clause, the designer remains the copyright holder and the company only has a vague usage right. This scenario fills commercial courts.
The solution is two documents, an assignment clause in the quote or a separate assignment contract, and a timestamped deposit of the final file that freezes who held what and when. Both parties win.
How to deposit your logo in practice
Deposit the source file (AI, SVG, PSD) and the final export together, in a single deposit. The SHA-256 fingerprint covers both files, and possessing the source file is in itself strong evidence of authorship, no copier has it.
Frequently asked questions
Can I protect a logo for free?
Yes, for the copyright side. Protection of the design is automatic and free, and proof of date costs €0 for your first 3 deposits on Copyright01. Only trademark registration is paid, and it is not always necessary at launch.
Is trademark registration mandatory for a logo?
No. Without a trademark, your logo remains protected by copyright against design copying. Trademark registration adds a different protection, against similar signs in your industry, useful as soon as the brand has commercial value.
Is my AI-generated logo protectable?
The raw output of a prompt has uncertain protection in most jurisdictions. Your human work (composition, vectorization, typographic choices, retouching) remains protectable. Date the final file, your potential adversary faces the same AI-share problem as you.
A competitor uses a similar logo, what should I do?
If you have a registered trademark and they operate in your classes, it is trademark infringement, consult an IP attorney. Without a trademark, everything rests on proving your design is prior and original, hence the importance of having dated the creation.
Date your logo now
Source file + final export, SHA-256 fingerprint, instant certificate. 3 free deposits.
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