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Do You Really Own Your Logo? Dual Trade Mark and Copyright Ownership in Logo Protection

In today’s brand-driven economy, a logo is far more than a visual identifier – it’s a powerful brand asset that conveys identity, builds consumer trust, and can be the most recognisable symbol of a brand’s reputation. Yet, despite its value, many businesses overlook one crucial aspect of logo protection: ownership.

A logo often benefits from dual legal protection under both trade mark and copyright law. However, these rights arise from different legal frameworks and do not always vest in the business by default. Without proper legal steps, businesses may end up with gaps in their intellectual property (IP) portfolio – particularly around copyright ownership – which can leave enforcement, licensing, and expansion plans on shaky ground.

Trade Mark vs. Copyright: The Basics

A registered trade mark protects your logo as a sign that distinguishes your goods or services from those of others. Registration grants the exclusive right to use, licence, and enforce the logo in connection with nominated goods/services across Australia.

Trade mark protection is territorial, can be registered, and can last indefinitely (if the trade mark remains in use and is periodically renewed).

Copyright on the other hand protects the original artistic expression of the logo itself. In Australia, copyright arises automatically when an original work is created – but crucially, it vests in the human creator by default, unless transferred.

Copyright usually lasts until 70 years after the author’s death, but without written assignment to another entity, the creator – in case of logos, often a designer or design agency – remains the owner.

Why Ownership Matters

The key to protecting any trade mark – including a logo – lies not just in registration or use, but also in ownership. You can often secure both trade mark and copyright ownership for a logo. In Australia, for example, logos may be protected under both the Trade Marks Act 1995 (Cth) and the Copyright Act 1968 (Cth). Without owning both rights, businesses may face:

Legal disputes over use or control, for example with designers, former employees, or contractors.
Limits on enforcement, especially in cases of copying or imitation.
Delays or risks in transactions, franchising, licensing, or expansion where IP ownership is scrutinised.

Dual Logo Protection: Why You Need It

A common misconception among brand owners is that simply registering a logo as a trade mark is enough. But owning a trade mark registration does not automatically mean you own the copyright in the logo, and vice versa. While trade mark registration can offer indefinite protection (if is used and renewed), it does not prevent unauthorised copying outside of the context of trade mark use. That’s where copyright comes in.

On the other hand, relying solely on copyright can be problematic. Copyright is automatically granted, but establishing copyright ownership in court requires proof of originality and (human) authorship, which can be complicated with outsourced or AI-generated designs. Duration of copyright is also limited (typically the author’s lifetime plus 70 years), whereas trade mark rights can potentially last forever.

The enforcement scopes of both rights also differ – trade mark rights protect against consumer confusion while copyright protects against copying, to put it simply.

A dual-protection strategy secures both the artistic and brand value of the logo.

Securing Dual Trade Mark and Copyright Ownership: Practical Guidance for Brand Owners

Clarify Ownership from the Outset
When working with designers or using generative tools, ensure contractual agreements explicitly assign both copyright and any other relevant IP including trade mark rights to your business. This is particularly important with freelancers, agencies, and AI-based platforms, where ownership defaults can be unclear.
Register Your Trade Mark Early
A registered trade mark offers a strong presumption of ownership and is vital for brand enforcement. Aim to ensure your logo is distinctive and not descriptive or generic in design.
Document Copyright Authorship and Assignment
Keep clear records of the creation process, creator details, and assignment documents. This is critical if copyright ever needs to be enforced or defended.
Audit Your IP Portfolio
Regularly review your logo and branding assets to ensure all IP rights are up to date and appropriately protected. This includes checking the terms of any AI tools used to create branding elements, and discussing with your legal counsel whether IP ownership can be established.
Use it Consistently as a Trade Mark
Use your logo in the marketplace as registered, check with your counsel whether all use constitutes trade mark use, and monitor for unauthorised use. In some jurisdictions, including Australia and New Zealand, trade mark rights can be lost through non-use or genericide.

Common Logo Pitfalls to Avoid

Assuming payment equals ownership – paying for a logo does not transfer copyright unless explicitly assigned in writing.
Overlooking trade mark registration – copyright protects the logo as artwork, but not its function as a brand identifier.
Using informal agreements – verbal or email-based agreements are risky and often unenforceable in disputes.

Looking Ahead

As digital design platforms and generative AI become mainstream in brand development, the convergence of trade mark and copyright issues will only intensify. Businesses need to take a proactive approach, ensuring that the legal protection of their logos keeps up with their creative evolution.

At MBIP, we help clients navigate this increasingly complex landscape with tailored IP strategies that account for both the legal and commercial dimensions of branding. Whether you’re launching a new logo or updating an existing one, we can guide you through the best practices to protect your brand on all fronts.