The logo is one of the first and most important elements to help customers identify businesses, goods, and services. Designing a beautiful, attractive logo is what businesses aim for, to leave their mark on the market. Some businesses are very successful in shaping their brand in the market, largely thanks to their logo image. Protecting logos is essential to avoid disputes and image plagiarism that affect businesses. Therefore, when registering a logo copyright, you need to keep in mind the points that will be shown in the article below.
1. Register logo copyright
Copyright is the right of an organization or individual, over the work they create or own. According to regulations, copyright arises from the moment a work is created and expressed in a certain material form, regardless of content, quality, form, medium, language, or publication. published or unpublished, registered or unregistered.
Logo copyright is a term commonly used in business in general and in branding activities in particular. Logo copyright is the state’s protection so that the user of that logo can use it exclusively and solely without any third party using the same or similar logo.
Therefore, this protection will be approached in two forms: trademark protection and copyright protection. Corresponding to these two forms of protection: trademark or copyright, the procedures to register for protection are completely different, accordingly, the rights and benefits when the logo is protected are also very different, and the law in Vietnam as well as many countries in the world call it dual protection. Here, logo copyright registration is a legal procedure that helps business investors prove their legal ownership of logos and trademarks. The registration procedure will be conducted in many different steps, including looking up the possibility of trademark registration, filing an application, and monitoring the application appraisal process until receiving the registration certificate.
2. Registration procedures
The procedure for registering copyright protection for logos will follow the procedure for registering copyright for other works, including (1) Preparing documents; (2) Submit application; (3) Receiving documents; (4) Reviewing and classifying documents; (5) Return results.
Specifically, you can read more in VCD’s article.
Copyright registration for logos will be a type of copyright registration for applied artworks. According to the Intellectual Property Law and Decree No. 17/2023, a work of applied art is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to useful objects, produced manually or industrially including Graphic design (a form of expression of logos, identifiers, and product packaging; a form of expression of characters); Fashion Design; Artistic design associated with product styling; Interior design, interior and exterior decoration with artistic features. Works of applied art are expressed in the form of artistic product designs that cannot be easily created by people with average knowledge in the respective field and do not include external designs. of the product is required to perform the product’s function.
3. Necessary notes when registering logo copyright
After the Intellectual Property Law was amended and supplemented on January 1, 2023, and on April 26, 2023, the Government issued Decree 17/2023 detailing several articles and measures to implement the law of Intellectual property on copyright and related rights. On June 2, 2023, the Ministry of Culture, Sports and Tourism also issued Circular 08/2023/TT-BVHTTDL regulating forms for copyright and related rights registration activities. Although there have been decrees and circulars guiding new regulations, however, in reality, when carrying out registration procedures, there will be many difficulties for applicants when preparing documents.
One of the differences in the Registration Declaration under Decree 17/2023/ND-CP compared to the old regulations is that the author or owner of the work must provide more information about his or her work. Specifically, the logo description is as follows:
- Link to the website address (in case of publication on the Internet)
- Describe the lines, colors, shapes, layout, and useful features of the work: For regular letters, the arrangement order and specific font of the letters must be described. For specially designed letters, the person completing the declaration must specifically describe the design of that letter as a special symbol in the logo. For regular symbols, the shape, color, and location of the symbol must be accurately described. For specially designed symbols, the design of the symbol must be specifically described.
- Tools and applications used to create works
- What useful object (if any) is the work created to attach to it, whether it is produced manually or industrially?
- Commitment to the creation of the work
- …
Preparing a dossier according to the new regulations of the Intellectual Property Law is not simple, requiring the person preparing the dossier to have specialized knowledge and practical experience to be able to ensure the dossier. Register smoothly and have a high possibility of being granted a Copyright Registration Certificate.
Above is the article “Necessary notes when registering logo copyright”. Hope this article will help you.
