In case of businesses do not register for logo protection, there will be a high risk of not being able to claim the brand. Once the brand value is higher and higher, not owning the brand becomes extremely dangerous; and when the consequences of a dispute occur, the risk of losing or infringing the brand is very potential. However, many still stumble on the question of “Register for logo protection as a trademark and copyright: Which is better?” Let’s find out with LSX in this article.
- 2005 Intellectual Property Law
What is registration of logo protection as a trademark?
Accordingly, trademarks are signs to distinguish the goods and services of an enterprise from other organizations/enterprises. When registering for the protection of logos as trademarks, businesses will protect their trademarks in a wide range with the strictest protection mechanism according to current legal regulations.
Advantages of registration of logo protection as a trademark
- It is the most powerful protection procedure to guarantee ownership right now.
- The form of trademark protection has a very strict and wide-ranging protection mechanism.
- Logo is protected in both image and content.
Drawbacks of registration of logo protection as a trademark
- Long processing time
- The cost of registration procedures is higher than copyright registration.
- The procedures and criteria for reviewing trademark certificates are complex and difficult.
What is registration of logo protection as copyright?
Basically, with this form, a logo is a “work of applied art”, a work represented by lines, colors, shapes, and layouts…
Advantages of registration of logo protection as copyright
- The validtion of application is easy; there are few problem arising
- Fast certification time is only about 15 working days
- Scope of protection: Not limited to fields
- The cost of the procedure is low, the protection period is very long (from about 75 to 100 years)
Drawbacks of registration of logo protection as copyright
- The level of protection for copyright is weak
- In fact, the rights of logo copyright are still very precarious, with little practical effect
- The logo duplication is getting more sophisticated making it difficult for the brand to prove.
Which one is better?
Correspondingly, with the above 2 forms of logo protection registration; depending on the branding strategy and financial capacity of each business, the business makes the most suitable choice. Therefore, each form of registration will have its own advantages and disadvantages. Moreover, there are regulations that require each enterprise to meet the current legal provisions on intellectual property.
The applicator can submit it at the Copyright Office; or the Department of Culture, Sports, and Tourism where the business is located. Within 15 working days from the date of receipt of the registration dossier, the Copyright Office will issue a certificate of copyright registration.
The applicator can submit it at the National Office of Intellectual Property.
The term of protection for the exclusive use of the logo is 10 years from the filing date, if, after this period of 10 years you still want to be protected, you can apply for an extension.