Intellectual property · Legal information

Is a Logo a Trade Mark or Copyright?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of whether a logo is a trade mark or copyright is the distinction between a sign that shows the source and an original drawing. The same image can enter both regimes. The conditions stay separate. The question is not closed with a single answer if the register and the contract do not stand.

A trade mark shows the source of the business on goods or services. Copyright looks at whether the drawing counts as a work. One is not the other's document. A registration certificate does not itself assign authorship of the work. Saying that it is a work does not fill the trade-mark register either.

The trade-mark face shows the source

A logo can be the subject of a registration application as a distinctive sign. The application has a class list. The list shows which goods and services the protection relates to. If there is no list, the scope is not invented. The register shows in whose name the record stands. If the name on the register and the name on the invoice conflict, both stand and one is not deleted.

Striking a mark off for non-use is particular to the trade-mark regime. This face is not pasted onto the term of copyright. This note states no term of protection. If there is no year on the file, a year is not added. A registration decision does not itself finish to whom the drawing belongs. The decision speaks of the sign's position on the register. Whether the sign is an original drawing is a separate reading.

An original drawing can count as a work. Protection of a work does not arise depending on trade-mark registration. Proof is also required for it to be treated as having arisen. The first form of the drawing, the draft, and the delivery document can be part of this proof. If there is no draft, the work is not invented backwards from the logo in the notice. If a photograph is embedded in the logo, the right holder of the photograph is read separately. An embedded part is not treated as belonging to the same person as the logo itself.

An economic right and a moral right are not melted into the same sentence. Assignment of the economic right is read from the assignment sentence in the contract. If there is no sentence, there is no assignment. It is not assumed that the moral right was assigned. A notice is not an assignment petition. An image standing in an agency's portfolio does not itself show that the agency is the right holder. The contract and the delivery minute are placed side by side.

The agency contract separates the right holder

If an agency or a designer drew it, the first question is to whom the economic right was left. That a price was paid does not mean the right was assigned. The invoice shows the price. The assignment sentence is in the contract. If the contract says "the price of the work", this does not stand in for the sentence "assignment of the right". If the two texts are missing, they are not written as if both existed.

In commercial use a trade-mark application is often spoken of. In a copying action the work face can also come up. Which face is opened depends on the document in hand. If there is a register, the register is read. If there is a contract, the contract is read. If both are missing, ownership is not announced. A shape on packaging is not the automatic continuation of the logo. If the shape stands as a separate appearance, it is read separately. This note does not write the year of that appearance either.

In a registration application the logo can be in colour or in one colour. Which form was registered is read from the register extract. If there is no extract, a form is not invented. The colours of the drawing can also stand separately in the work debate. Colour does not itself change the right holder. The right holder is read once the contract and the register stand together. If both are missing, an owner is not announced. If the specimen in the application petition and the delivered image in the contract conflict, both stay on the file.

A Çankaya address does not choose the authority

A lawyer in Ankara does not write the office's Çankaya address in place of the Office or the court. The competent authority is read from the registration's and the dispute's own record. A year is not added so that protection will pass on its own. The office's district does not change the authority in a trade-mark or copyright dispute. A district name does not stand in for the register entry.

How the two regimes are separated

A logo is not tied to a single term of protection, and the register and the contract are read apart. An invoice is not treated as an assignment of the economic right.

Conclusion

The answer to whether a logo is a trade mark or copyright is the purpose of use and the document in hand. No term of protection is added. Trade-mark registration sits under the registration step, the frame of copyright under copyright, the photograph layer under copyright in a photograph, and assignment of the economic right under assignment of the right. The frame is on the intellectual property page. The basis is the text of the Industrial Property Code No. 6769 and the Law on Intellectual and Artistic Works No. 5846.

Legislation

Frequently asked questions

Is an unregistered logo not protected at all?

Copyright does not arise by registration. Trade-mark registration strengthens the face of showing the source. The two regimes do not carry the same condition.

If an agency drew it, who does the logo belong to?

Assignment of the economic right is read from the contract. If there is no contract, an assignment is not assumed. An invoice does not stand in for the assignment sentence.

Can both protections be asked for?

The same image can enter both regimes. The conditions stay separate. One does not carry the other's year. No year is in this note.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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