Copyright and trademark are different laws, but both laws can protect an original logo design. However, it should be noted that a logo trademark cannot be registered if its use is prevented by other IP laws such as Copyright law, so this makes copyright law a very powerful legal instrument. Section 5(4) Trade Marks Act 1994 states:
A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented
(a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade,
or (b) by virtue of an earlier right other than those referred to in subsections (1) to (3) or paragraph (a) above, in particular by virtue of the law of copyright, design right or registered designs.
Source: https://www.legislation.gov.uk/ukpga/1994/26/section/5
The table below summarises the main differences between Copyright law and Trademark law:
Copyright | Trademark | |
What can be protected? | Original artistic, literary and dramatic works such as logos, websites, songs, music recordings, lyrics, photos, books, training & course materials, product artwork , packaging artwork, drawings, paintings, sculptures, 3d and 2d artwork. poems, scripts, computer software, apps, and dramatic works. | Trading Names, slogans and logos. They do not necessarily have to be original works, but must be distinctive. |
Registration required? | No but you WILL have to have indisputably and credibly prove that the work is yours if there is a copyright dispute. | Yes, apply through UK government. International trademarks must be registered with individual countries. The EU can be registered as a block. |
Registration process? | Complete the 2 minute registration form on our Register page, then upload your work. | Research – apply – trademark examination – opposition period – approval Click Here For Details. |
If I register a logo that includes a name, is the name also protected? | No. Only the graphic design of the logo is protected. You cannot protect a name using ProtectMyWork.com. | No. You must register two separate trademarks to protect both the name and logo and pay two sets of registration fees. |
How long does it take? | With ProtectMyWork.com the process is immediate and automated. | Up to 6 months. |
How much does it cost? | £41.65 (ex. VAT) per year subscription fee. membership fee with ProtectMyWork.com. |
UK Trademarks start at £170. International prices vary. |
International protection? | Yes, 179 countries around the world. | No, only in the country that you have a trademark registered. |
Publicly viewable on the internet? | No. | Yes, once approved by the IPO, your logo design will be viewable on multiple government websites by anyone in the world, even though the trademark is not protected in that country. |
Is my logo protected in all industry classes? | Yes. | "It’s important you choose the correct class and terms, as your trade mark will only be protected for the goods and / or services you select in your application.
You cannot add extra goods or services after you have applied -" Source UK Government IPO website. There are additional costs for additional classes, and currently a choice of about 45 classes. |
How long does protection last? | As a general rule: Authors lifetime, plus 70 years. |
Usually 10 years. |
What symbols can I use on my logo? | © ™ | ® |
If someone registers trademark with the UK government, can I apply to have the trademark revoked?
Yes, you can apply to have it revoked. Revocation is the legal procedure that allows anyone to try and remove a trademark from the UK register. Please see this form here at the UK IPO.
This article by explains Invalidity and Revocation in more detail, https://www.mylawyer.co.uk/invalidity-and-revocation-a-A76063D78625/