Participants in a research project often use a specific name or a logo in order to identify their project. In certain cases, this name or logo may be used as a marketing tool for the image of the project or for a further offer of products or services. It is therefore essential to deal with the issue of the legal protection of this name or logo.
1. Protecting the name or logo by copyright
The protection of a name by copyright is debated in Europe. Some countries such as the United Kingdom consider that there is no copyright in a name, title, slogan or phrase. Conversely, some other European countries do not object to protecting a name or phrase in so far as it is original. The main issue will be to demonstrate the originality requirement for enjoying the protection by copyright.
However, a logo can usually be protected by copyright as an artistic work. To be protected, the logo must be original. A logo will be automatically protected by copyright as it is granted from the sole fact of creation. In order to enjoy copyright protection, no formality such as registration is required.
Copyright is basically owned by the physical person who creates a work. However, specific rules are to be applied if the author is a company employee.
The right owner can prevent others from copying the form of the logo as such. Copyright protection can be useful in case of plagiarism but can seem limited under other circumstances. Registration as a trademark should therefore be taken seriously into consideration.
2. Protecting the name or logo by trademark
The main function of a trademark is to identify the origin of the goods or services of a trader from those of another. Registering the name of a project as a trademark will be of practical interest if the participants intend to offer services or to sell products under the name of their project.
The type of trademark that can be registered includes a wide range of signs such as words, letters, numbers, colours, pictures, or a combination of these. In most countries, two requirements must be fulfilled to obtain a valid registration: the mark must be distinctive and capable of graphic representation.
Trademark protection can be obtained by registering the name or logo with a Trademark Office. However, not all names/logos can automatically be registered and trademark protection only applies in the particular country in which the mark is registered.
Registration will give the project participant the exclusive right to use the trade mark and to prevent or forbid any unauthorised use by third parties.
If you manage to obtain a trademark right for a name (such as a project name) without marketing it, the usefulness of the registration may be questionable. Furthermore, trademark rights have to be effectively used to remain in force.
Therefore, if you do not plan to use the trademark to market products or services, it may be considered a waste of money. In this case, a cost/benefit analysis may be helpful before applying for a trademark.
3. Protection of the name or logo by unfair competition law
A logo or a name can also be protected by competition law outside the scope of intellectual property rights. Copying a competitor's name or logo can, in certain circumstances, be considered an unfair practice. However, standards for unfair competition vary from one country to another. It is therefore necessary to consult a specialised lawyer to be sure of your position.
Lastly, it is important to point out that these different forms of protection can be cumulative. Participants in a research project should carefully consider the interest and cost of each type of protection and assess which approach is best for their particular project.
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