Have you just created your logo or just had it made? You want to protect it? Follow our guide.
This graphic representation constitutes the visual identity of your company. This element allows your customers to identify you at a glance. It also distinguishes you from your competitors in the same field. Given the importance of the logoIt is essential to protect it from possible counterfeiting. We will show you the existing methods of protection.
Benefit from automatic copyright protection of the logo
From its inception, your logo is potentially protected by copyright. However, there are conditions: the logo must be original and must not belong to a third party.
If you used a graphic designer for its creation, a line on the invoice referring to the assignment of rights is not enough! You must have the rights assigned to you by means of a proper contract (failing such a contract, the assignment is null and void).
In order to prove that on such and such a date you have developed your logoYou will have to provide proof of the date of its creation (or at least a date of existence). How do you do this?
You can opt for a Soleau envelope, named after its inventor. Via e-SoleauIn order to establish the proof of the existence of your creation at a certain date, it is possible to make an online deposit. You will benefit from a secured and AFNOR certified archiving. The INPI will then issue you a receipt by e-mail specifying the date of filing, the list of documents filed and their fingerprints. The Office will keep your documents for 5 years. You can then renew your envelope for another 5 years. However, this is a time-limited method of proof, and there is no guarantee that it will be recognized before any court, especially if you are faced with a dispute abroad.
In recent years, more technical alternatives have been developed to facilitate the constitution of an online proof. In particular, the company Datasure proposes via its website www.copyright.eu a complete range of services to secure your creations, guaranteeing the storage and confidentiality of your evidence, as well as its admissibility in a very large number of countries.
Register your logo as a trademark
It is entirely possible to register a logo as a trademark. This is known as a figurative trademark (if no verbal elements appear, such as letters or numbers), or semi-figurative (when at least one letter or number appears in the trademark).
As with any brand, the ideal is to ensure its availability. However, it is much more complicated to check this for a logo, because copyright is enforceable against it, and it is not registered. So there is no register to look in. In practice, it is quite rare to carry out searches on logos, except in case of important strategic impact (for example if the change of logo generates very important costs for the company in terms of communication).
In addition, the logo must not be descriptive of your business (for example, an apple brand cannot have a logo in the shape of an apple if it is not accompanied by another distinctive element). The logo must also not contain any misleading indication, representation of an official institution or any sign contrary to public policy.
If all of these criteria are met, it is possible to file as a trademark with the INPI. Be careful though, a trademark must always be used as registered, or in a slightly modified form: if you intend to regularly change your logo, or make substantial modifications to it, a trademark is probably not the best solution for you! Copyright may suffice.
Following the registration of your trademark, you obtain an exploitation monopoly on this sign (always subject to availability). The trademark will be protected for 10 years. It is renewable indefinitely. The reproduction of your logo will thus be prohibited without your authorization for products and/or services identical or similar to yours. The offender will be considered as a counterfeiter.
The protection of your logo is indispensable. It would be annoying to have a third party take it over when your business is doing well and you have built your image on it. Whether you choose copyright or trademark protection, remember to do what you need to do! To your steps !