It is commonly assumed (not only in law) that a logo is a unique graphic sign that is part of the visual identification of a given company, organization and brand. Its purpose is therefore to ensure that the consumer or other recipient is able to distinguish one brand/trader from another by looking at the logo. The widespread use of logos is fostered by the eternal need to emphasize identification, one’s own identity and to distinguish oneself from others.
Purposes of using the logo
From the point of view of the entrepreneur’s interest, the most important task of the logo is to distinguish one company from another, as well as the products of one brand from the products of another brand. The more original the brand (distinctive design), the greater its recognition and memorability.
A logo also generates emotions. Every entrepreneur dreams of his logo evoking associations with reputation, and often also with other entrepreneurial values: sports companies focus on speed, reliability (hence the images of animals in the logo), companies producing supplements, healthy food – focus on mythical figures and superheroes symbolizing health, strength, endurance, and cosmetics companies – prudently and cleverly use references to precious minerals, elements of a beautiful body, animate nature – in order to evoke associations with luxury, vitality, beauty or naturalness. Therefore, the logo builds specific values and is a strong tool for building the company’s unique recognition and position on the market.
Below we indicate how to protect the company’s logo and how to take care of the company’s intellectual property rights to effectively protect the logo against plagiarism.
Logo as a trademark
A logo can be registered as a trademark, which gives the company the exclusive right to use it to the extent that the mark has been registered, as well as in selected markets. Due to the fact that a logo can be (and mostly is) a trademark, it acts as a tool for identifying and protecting the identity of a given brand against its unlawful use by competitors.
Trademarks guarantee that other companies not only cannot copy the logo, but also parasitize on a given brand and on the image of another entrepreneur. It is prohibited not only to use an identical logo, but also a similar one, if it is misleading, including by building associations with another brand. Obtaining the right to the mark is the most effective protection of the logo against plagiarism.
What do we mean by “logo plagiarism”?
Plagiarism is a concept associated mainly with copyright, but it has a much broader application. Therefore, it is not only theft of authorship, i.e. taking credit for the fact of creating a given work; It is also appropriating the work, treating it as one’s own, copying texts, but also achievements depicted for example in the visual identity of the entrepreneur, which is the logo.
In order to ensure effective protection of the logo against plagiarism, it is worth taking several business and, above all, legal actions.
1. Trademark registration
How to protect your company logo? The most effective form of protecting a logo against plagiarism is its registration as a trademark in the appropriate office. This gives you the exclusive right to use the logo in certain territories in connection with the offering and sale of goods or services of a certain type.
- Authorities: In Poland, the registration of a trademark is handled by the Patent Office of the Republic of Poland. If the scope of use of the mark covers the territories of EU countries – it is worth considering registering the mark in the EU procedure, before the EUIPO. Acting on a wider scale than the EU should trigger action in the international procedure – before WIPO.
- Fees and deadlines: The trademark registration process usually takes a few months to a year and involves fees for application, publication and registration of the mark (in the case of the EUIPO, it is one fee), but registering a mark gives by far the most protection for 10 years (with the possibility of further extension).
2. Copyright protection
- Copyright: A logo, as a graphic work, can be protected under the provisions of the Act on the Protection of Copyright and Related Rights. This protection does (also) give the right to exclusive use of such a work, but it is limited to truly creative and unique elements. This leaves quite a large element of uncertainty.
- Protection resulting from the creation itself: Copyright to a given work (logo) arises automatically, i.e. at the moment of creation of the work and its fixation in any way – without any formalities and procedures. Plagiarism of a logo constituting a work within the meaning of copyright law may therefore be prosecuted regardless of compliance with any formalities.
- Proof of copyright: A logo is protected from the moment it is created, but it is worth having recorded documentation showing the fact of its creation at a given time (e.g. graphic designs, e-mail correspondence, source files). The most reliable proof of the creation of a work (logo) by a specific person on a given date is the confirmation of this fact at a notary’s office.
3. Agreements
- Securing the rights to the logo in the contract: If the logo was created as a result of a contract concluded with, for example, a graphic designer, you must sign an agreement regulating the transfer of rights to the created logo. In such an agreement, in particular, the copyright to the work in question should be transferred and it should be clearly indicated what exactly the created logo looks like. The rights to the graphics do not pass automatically, just because the ordering party commissioned the preparation of a given logo for the company! Employee contracts should also properly regulate the obligations of employees related to the creation of graphics, so that there is no doubt as to the nature of the work put into creating the work.
- Non-disclosure agreements (NDAs): It’s important to include in the contract the obligations of the logo maker (especially if the design is part of a larger, long-term whole) to keep the logo creation and appearance secret. Signing an NDA agreement can reduce the risk of unauthorized use of the logo in the future, and thus ensure effective protection of the logo against plagiarism.
4. Ongoing monitoring of entrepreneurs’ rights
- Market monitoring: The strength of a market teeming with unfair competitors should not be underestimated. Protecting a logo against plagiarism requires the continuous use of available forms of monitoring appropriate databases (it is worth using the help of a patent attorney in this regard) and competitors’ companies as such. Regular monitoring of the market will allow you to avoid plagiarism of the logo and will allow you to react in a timely manner to each case of infringement. Tolerating the infringement of the right to a logo or trademark for a longer period of time may deprive the entrepreneur of protection against unlawful practice.
- Regular legal action: How to protect your company logo? If plagiarism of a logo or trademark infringement is detected, legal action must be taken immediately to stop the illegal practice once and for all (the basic catalogue of actions includes a notice to cease infringement or a lawsuit).
5. Using Your Own Logo
- The use of the “®” or “™” symbol can deter potential infringers, and thus ensure effective protection of the logo against plagiarism , because it indicates a special type of protection that a specific entrepreneur sees in the logo.
- Meaning of symbols: It should be remembered that the “registered” symbol ® can only be used for registered trademarks, while the “trademark” symbol ™ does not enjoy legal protection, it only provides information that a given sign acts as an identification of a specific value for the entrepreneur.
- Evidence: In order to protect the logo from plagiarism against unfair competition, it is essential to collect all documents confirming not only the creation of the logo, but also the right to it, and above all – its use for specific goods or services. An unused trademark is at risk of losing it, often irretrievably.
Helena Gajek
