The Conflict Between Copyright and Trademark in Brand Logos

Introduction

Even though they each relate to different things in various settings, the terms "trademark," "brand," and "trade name" are sometimes used interchangeably. When used by staff members from various departments inside a company, the terminology's meanings may change. Trademarks, brands, and brand names are commonly confused with one another in business.

Being original artistic works having a creative component, brand identities that are used to represent businesses, such as logos and graphics, are generally protected under both trademark law and copyright law. Trademarks and copyrights are two different categories of intellectual property that are protected in varied degrees by separate laws.

When a brand is used in marketing, its two major goals are

(A) To represent the firm in the public eye and (b) to raise its profile and promote its value proposition. The brand name (typically the trade name), the claim (which usually serves as the company's purpose statement), and the logo serve to protect the essentials.

(B) A brand is a group of assurances that a good or service will live up to consumers' expectations of a certain standard of excellence. A legally recognized method of protecting the intellectual property linked to a company's identity is through the use of a trademark.

It is possible for a trademark to take the form of a word, phrase, design, symbol, logo, or a combination of these. With the marketing department's extensive investment in creating and documenting the company's USP, core values, market position, corporate identity, and brand strategy, legal protection of the business is essential. It can only be original, though, if another market player hasn't copied it.

Only one need must be met for a logo to qualify as a brand identity: it must be, or grow into, distinctive and not generic in relation to the business for which it is used. Only then is copyright protection possible. The way individuals identify themselves has altered as a result of catchy phrases like "Just do it" and distinctive items made to look like commonplace items, like "three stripes."

Legality of the intersection

Although trademarks and brand logos may be analysed as related entrepreneurial processes, there are important works and common material in both fields. Despite this, the emphasis of this special issue is on a thorough examination of trademarks, which are a brand's more prominent outward manifestations.’

Although the communication function of a trademark refers to the transmission of the trademark image to and among customers through advertising, the quality function of a trademark pertains to the guarantee of certain positive attributes and subjective values. The court ruled in L'Oreal v. Bellure [1] that:

 “these functions include not only the essential function of the trademark, which is to guarantee to consumers the origin of the goods or services but also its other functions, in particular that of guaranteeing the quality of the goods or services in question and those of communication investment or advertising.”

While every business aspires to be well-known, few put as much effort or imagination into developing enticing brand identities and logos. Brand identities may successfully represent businesses due to their individuality and relationships to their owners, yet they may not fulfil the standards for creativity or innovation. For instance, a logo could be based on a very straightforward design that has achieved recognition and is associated with a business, such as "Nike's Swoosh."

Yet, the same could not be covered by copyright due to a lack of creative quality. Similar to the last example, the use of a certain colour or combination of colours can produce significant brand recognition without necessarily being covered by copyright.

Yet, brand logos present the same fundamentals while also enhancing the company's identity, image, personality, character, culture, essence, and reputation. "Brand equity" here refers to the monetary worth of a powerful, well-known brand. Experience has demonstrated that it is far easier to advertise well-known brands than lesser-known ones.

Although brand equity is an intangible component of a company's assets, it represents a growing portion of that value that may be converted into a profit. The value of most businesses exceeds the whole of their real assets. Trademarks may provide legal protection for certain phrases or words that are essential to your brand, such as your slogan. Trade dress, which explains the artistic elements that go into establishing the image of your specific commodity or service, might also apply to them.

Conclusion

The relationship between a trademark and a brand logo is undeniable. It is essential to remember that a trademark represents a brand's identity or image as a tool for commercialization for any firm. An identity must meet three requirements in order to be considered a brand identity:

 (a) It must be able to be visually depicted;

(b) It must not be generic or descriptive; and

(c) It must not violate any already-registered trademarks.

By doing this, a company owner is not only able to seek legal protection for his many identities, but it also guarantees that those identities will always be safeguarded. A brand logo may be considered of as the recognisable parts of a company's corporate image that grow and evolve over time through instilling trust, while a trademark provides the brand with legal protection.

Since they don't want to lose the financial investment they made in creating their brand, businesses should seek trademark protection.

If a brand logo exhibits distinctive creative and aesthetically pleasing traits, it is protected by copyright and may be registered as an artistic work, in which case enforcement actions may seek damages under copyright law.

Registration has important evidentiary significance in matters involving both trademark and copyright infringement. The wisest course of action for any business owner, then, would be to seek legal protection for their distinctive brand logos and establish both statutory trademark rights and copyrights in conjunction with those rights.