What to Do If Your Company's Logo is a Registered Copyright

If you discover that your company's logo is a registered copyright belonging to someone else, taking prompt action is essential to avoid legal complications. This article will guide you through the steps to take if such a situation arises and provide valuable advice on how to protect your business.

Immediate Action

The first step is to immediately cease using the logo that is a registered copyright. This is crucial to avoid any potential legal repercussions. Consulting with a lawyer specializing in intellectual property (IP) law is highly recommended to fully understand your options. These may include negotiating a license agreement with the copyright holder or redesigning your logo to avoid infringement.

Due Diligence

To determine the rightful ownership, you should establish whether you used the logo first or if the copyright registrant did. If you found the logo first, you might have a case for asserting trademark rights, even though it's registered as a copyright.

Understanding the Registrant

The first step is to gather as much information as possible about the copyright registrant. An understanding of their business, geographic reach, and subject matter can provide insights into their ownership and rights. You should also search for any use of the registered copyright material as a trademark. There's a possibility that your uses are widely separate or closely related, which could affect your legal position.

Consulting a Professional

It's wise to seek advice from an experienced professional in the field of IP law. They can provide guidance tailored to your specific situation and help you navigate the legal landscape effectively.

Trademark vs. Copyright

It is important to note that in this context, you are looking for trademark rights, not copyright registration. The focus should be on whether the logo is registered as a trademark rather than a copyright. You can check if the logo is registered as a trademark at the Federal level by performing a quick search on TESS ( Trademark Electronic Search System ) on the

United States Patent and Trademark Office website.

Geographic and Subject Matter Rights

Many countries have online databases for searching registered copyrights or trademarks. In the United States, the following online databases are available:

Search Records U.S. Copyright Office

Please note: Searching through copyright records can be laborious and time-consuming. Many people opt to hire private search firms or pay a fee to the Copyright Office to conduct these searches.

Search trademark database

Internal Research

The easiest way to find out the owners of the logo is to ask someone in your company who would know, such as the president or the head of marketing. Ensuring there's no internal conflict of interest is crucial.

Conclusion

Respecting intellectual property rights is paramount in business. Properly addressing a situation where your company's logo is a registered copyright can help you avoid costly legal disputes and protect your company's reputation. By following these steps, you can navigate this complex issue effectively and find a solution that works for your business.