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COPYRIGHT IN TRADE MARKS

COPYRIGHT IN TRADE MARKS

When a trade mark contains or consists of a logo, it is likely that there is copyright in the trade mark. If so, it is important that the trade mark owner ensures that they are also the owner of the copyright.

A trade mark owner may be entitled to use the mark (e.g. by virtue of having commissioned the design), but that does not necessarily confer ownership of the copyright, and there may be occasions when this failure to own the copyright will be of disadvantage to the trade mark owner.

Especially in cases where a device mark has been commissioned, it is often extremely difficult to ascertain at a later date who owns the copyright. We therefore recommend taking the necessary steps to ensure that any party who owns a trade mark is also the copyright owner and that this can be proved should that become necessary.

If you have a specific question about copyright in trade marks then a member of our Trade Marks group will be happy to help you.