28 Aug 2025
In today’s market, a logo is more than just a design — it’s often the single most recognisable part of your brand. It conveys identity, builds trust, and can even carry the reputation of your business. Yet many businesses overlook one crucial point: owning your logo doesn’t always mean you legally control it.
Trade Mark vs Copyright
Your logo can be protected in two ways — as a trade mark and as a copyright work — but the protections are different.
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A trade mark protects your logo as a brand identifier. Registration gives you exclusive rights to use, licence, and enforce it in connection with your goods or services. Trade marks can potentially last forever, provided they are renewed and kept in use.
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Copyright protects the artistic design of the logo itself. In Australia, copyright arises automatically once a work is created — but ownership defaults to the designer unless it has been formally assigned to your business in writing. Copyright usually lasts for the life of the creator plus 70 years.
This is Why Ownership Matters
Without securing both trade mark and copyright ownership, businesses may face:
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Disputes with designers, employees, or agencies over who really owns the logo.
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Gaps in enforcement if someone copies or imitates the design.
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Delays or risks when expanding, franchising, licensing or selling the brand if ownership records aren’t clear.
Common Pitfalls
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Assuming that paying for a logo equals ownership — it doesn’t, unless copyright is assigned in writing.
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Believing trade mark registration alone covers every risk — it doesn’t protect against copying outside trade mark use.
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Relying on verbal or email agreements with designers — these are often unenforceable.
Best Practice for Business Owners
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Get it in writing: When working with designers or agencies, ensure contracts clearly assign copyright and any trade mark rights to your business.
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Register your logo as a trade mark: This creates a strong presumption of ownership and is vital for enforcement.
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Keep records: Document the creation process and copyright assignment.
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Audit regularly: Review your branding assets to make sure all IP rights are current and enforceable.
Looking Ahead
As digital design platforms and AI-generated logos become more common, the lines between copyright and trade mark ownership will only get blurrier. A proactive strategy that covers both forms of protection is the best way to keep your brand secure.
IP Solved Insight: Your logo is more than a picture — it’s a legal and commercial asset. Make sure you truly own it.
