Copyright vs Trademark: Govt's Rules for Logos Used in Businesses

An image of logos of renowned global entities.
Logos of renowned global entities.
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Across the globe, logos are used for aesthetic and brand identification purposes.

Popular food and clothing brands such as Adidas have become easily identifiable because of the logo. 

Entrepreneurs entice their customers with creative and eye-catching logos, creating a lasting impression in their minds. 

However, more often than not, Kenyans lose rights over their creative art to unscrupulous competitors and scammers. 

File Image of Facebook Logo
File Image of Facebook Logo
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This has seen the government draft regulations to protect creative work, such as logos. 

While it is not mandatory to register logos with the Kenya Copyright Board, it is illegal to use someone else's work without consent.

Unauthorised use of someone's logo can lead to a court battle with the complainant seeking compensation for damages.

It is, therefore, advisable to have the logos registered to avoid instances where competitors and corporate bodies claim ownership. 

In any case, entrepreneurs have the option of registering their logos either as copyright or trademark.

Registration of logos as trademarks is recommended more because of the legal leeway it gives when seeking compensation over infringement

"If your intention is to prevent use by competitors, the owner must register the logo as a trademark.

"Otherwise, they will not be entitled to legal remedies for trademark infringement even if the logo is registered as a copyright," the Kenya Copyright Board (KECOBO) states. 

Copyright is cheaper compared to trademark registration and does not require renewal. Trademark, on the other hand, requires one to renew the protection of their creation every 10 years.

"Copyright exclusive rights protected for a longer period. 50 years from the end of the ear in which the author dies," the agency adds. 

Registration of logos for copyright can be done through the copyright board portal - nrr(dot)copyright(dot)go(dot)ke.

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An undated image of a legal scale and a gavel.
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