Are Logos Trademarked or Copyrighted? Which Protection Your Logo Needs (2026)

“Should I trademark or copyright my logo?” is one of the most common questions we hear from business owners. The short answer: if your logo represents your business, trademark registration is usually the priority. Copyright can add a second layer of protection for the design, and it matters a lot when someone else created your logo.

Here’s how each one works, what they cost, and which one your business actually needs.

Trademark vs. Copyright for Logos: The Quick Comparison

How Trademark Law Protects a Logo

A trademark is any word, phrase, symbol, or design that tells customers who is behind a product or service. A logo used on your packaging, website, or storefront is a trademark, and you get some rights simply by using it in business. These are called common law trademark rights, but they’re limited to the area where you actually do business.

A federal registration with the USPTO gives you much more:

• Nationwide rights, even in states where you haven’t expanded yet
• A legal presumption that you own the mark and have the right to use it
• The right to use the ® symbol
• The ability to sue in federal court and to record your mark with U.S. Customs to stop counterfeit imports
• Access to tools like Amazon Brand Registry

Trademark protection is the right tool for stopping a competitor who uses a similar logo, even if they didn’t copy yours line for line. The test is whether customers are likely to be confused.

How Copyright Protects a Logo

Copyright protects original artwork, and a logo can be artwork. Protection starts automatically when the design is created, and registering with the U.S. Copyright Office gives you the right to sue and access to statutory damages.

But there are two big limits:

• Simple logos may not qualify. The Copyright Office won’t register familiar symbols, basic geometric shapes, simple color combinations, or typefaces and lettering alone. A wordmark in a stylish font usually can’t be copyrighted, though it can still be a trademark.
• Copyright doesn’t stop look-alikes. Copyright stops copying. If a competitor creates their own logo that looks similar but wasn’t copied from yours, copyright usually won’t help. Trademark law will, if customers are likely to be confused.

Who Owns the Copyright in Your Logo?

This is where many businesses get caught out. If an employee designed your logo as part of their job, your business owns the copyright. But if a freelancer, design agency, or online design marketplace created it, the designer usually owns the copyright unless they signed a written assignment transferring it to you.

That matters because:

• The designer could, in theory, reuse or license the design to someone else
• You may not be able to register the copyright yourself
• Investors and buyers often check that the business owns its brand assets outright

The fix is simple: get a signed copyright assignment from your designer. If your logo is already in use, it’s not too late to ask for one. Our article on who owns IP created by employees and contractors explains the rules.

Which Should You Choose?

Trademark first if:

• The logo represents your business or product line
• You want to stop competitors from using anything confusingly similar
• You sell online, on marketplaces, or across state lines

Add copyright if:

• The logo includes original artwork, such as an illustration, mascot, or detailed design
• You expect people to copy the artwork on merchandise, prints, or knock-off products
• You want quick takedowns on platforms that act faster on copyright complaints

For most businesses, the strongest approach is a trademark registration for your brand name in standard characters, a separate trademark registration for your logo, and a copyright registration if the logo includes original artwork.

How to Trademark a Logo

1. Search first. Search the USPTO’s free Trademark Search system for similar logos, using design codes as well as words. Our guide on how to check if something is trademarked walks through it.
2. Decide what to file. A logo is filed as a “special form” mark. Many businesses also file their name separately in “standard characters,” which covers the name in any font or design.
3. Choose your classes. List the goods and services you use the logo for. The USPTO fee is $350 per class, with extra fees if the description isn’t selected from the USPTO’s pre-approved list.
4. File and respond. An examining attorney reviews the application, often several months after filing. If there’s an issue, you’ll get an office action to respond to.
5. Publication and registration. If approved, the mark is published for a 30-day opposition period, then registers. Keep it alive with maintenance filings, starting between the fifth and sixth year.

How to Copyright a Logo

1. Make sure you own it. Get a written copyright assignment if someone outside your company designed it.
2. File online. Register through the U.S. Copyright Office’s online system as a work of visual art. The fee is $45 or $65, depending on the application.
3. Upload a copy. Submit a digital copy of the logo. Processing currently takes a few months. See our guide to Copyright Office processing times.

Copyright fees are expected to rise in late 2026, so check the Copyright Office’s fee page before you file.

What If Someone Copies Your Logo?

Your options depend on what you’ve registered and how the logo is being used. Common steps include a cease and desist letter, a marketplace or platform takedown, opposing the other party’s trademark application, or a lawsuit for infringement. A trademark registration gives you the broadest set of options. Our guide on what to do when someone uses your trademark without permission covers the next steps.

Frequently Asked Questions

Is a logo trademarked or copyrighted?

It can be both. Trademark law protects a logo as a brand identifier and stops confusingly similar logos. Copyright protects original artwork in the logo and stops copying. For most businesses, trademark registration is the more important protection.

Should I trademark or copyright my logo first?

If the logo represents your business, start with a federal trademark registration. Add a copyright registration if the logo includes original artwork that people might copy, for example on merchandise.

Can a simple logo be copyrighted?

Often not. The U.S. Copyright Office won’t register logos made only of familiar symbols, basic shapes, simple color combinations, or words in a particular font. Those logos can still be protected as trademarks if they’re distinctive.

How much does it cost to trademark a logo?

The USPTO filing fee is $350 per class of goods or services, with additional fees if you don’t use the USPTO’s pre-approved descriptions. Attorney fees for the search and application are extra.

Who owns my logo if a designer created it?

If an employee created it as part of their job, your business owns it. If a freelancer or agency created it, the designer usually owns the copyright unless they signed a written assignment transferring it to you.

Protect Your Logo the Right Way

Drishti Law helps businesses search, register, and enforce trademarks and copyrights for their logos, and sorts out ownership with designers. Call 773-234-1139 or book a free consultation.

Sahil M.

Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.

He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.

To know more about Sahil Malhotra — Click Here

You may follow Sahil Malhotra on Facebook: Sahil Malhotra and on Instagram: @Sahil Malhotra