When a business decides to update, redesign, or completely develop a new logo, they should also copyright their logos to ensure the protection of the logo as their trademark.
Usually, the logo will be designed by an employee or be sourced to a freelancer or an agency. Most companies tend to overlook the fact that in this case, the employee, freelancer or agency automatically own the copyright for the logo and can assert their right over its design even if the company had requested this design.
If you are a business that has commissioned a new logo, you must take the necessary steps to ensure that you get the copyright transferred from whoever has created the logo. You can do this by:
- a simple transfer document; or
- adding a clause in the employment or service contract with the designer
If a new logo’s copyright is not transferred to the commissioning company, its designer will be entitled to reuse the logo for other companies or even challenge the commissioning company’s use of the logo or its registration. A trademark is valid for 10 years, so if you are not updating or changing the logo design, it is still necessary to renew the trademark.
Logos are a brand identity and it is very important for businesses to copyright their logos.