Trademark generally refers to the name of a company or product, while a logo uses a simple and interesting graphic to represent a company or product, or a logo for a product or company. A logo means a mark, and it is not necessarily a product mark. It can also be an organizational mark, a badge, a personal mark, etc.

Legally speaking, logos and trademarks are very different:

1. The acquisition of rights is different

As a work of art, logos do not need to be registered, and the creation is completed That is to say, copyright is automatically obtained, but a trademark must be registered by the corresponding national agency to obtain trademark rights.

2. Different ownership of rights

The designer and owner of the logo may not be the same person. Ordinary companies have to entrust designers to design logos. As a commissioned work, other There are two situations for the ownership of copyright. If it is agreed that it belongs to the client, or if there is no agreement, then it belongs to the designer, while the trademark belongs only to the trademark owner. This is the category of intellectual property rights.

3. The period of protection is different

The period of protection for a logo as a work of art is generally 50 years, while a trademark can be renewed indefinitely, and the period of protection is unlimited. . Someone abroad issued this warning: "It seems that our world will be submerged in the ocean of logos. However, trademarks are experiencing setbacks and even being ignored." It seems that logos are not only fashionable for the Chinese, they also seem to have become Fashion of the world.

4. Different laws of protection

Logo is protected by the "Copyright Law", and trademarks are protected by the "Trademark Law". A logo can be registered as a trademark, and then the trademark logo is protected by both the Copyright Law and the Trademark Law. This means that the scope of protection of the logo and the trademark are different, and the scope of protection of the logo is not as wide as that of the trademark.

If the infringement is infringed, the intensity of protection is also different. Of course, the protection of trademarks is stronger than that of copyrights. This will also raise another issue. If the copyright of the logo belongs to the designer, then if the logo is infringed, it will actually damage the interests of the logo owner, but only the designer has the right to sue. The trademark owner can directly sue for infringement in his own name.

Extended information:

Properties:

1. Recognizability

Regarding the requirement of recognizability, it must be easy to recognize and remember. This requires simplicity in both color and composition.

2． Specificity

The so-called specificity means that it must be different from other LOGOs and have its own characteristics. Otherwise, the designed LOGOs will be the same.

3. Connotation

The design of a LOGO must have its own meaning, otherwise no matter how beautiful or perfect it is, it will only be beautiful in form but meaningless. This requires that the LOGO must have its own symbolic meaning.

4． Legal Awareness

Regarding the legal awareness of LOGO, you must pay attention to sensitive words, shapes and language.

5. Overall image planning (structural)

Different structures of LOGO will give people different psychological consciousness, just like horizontal lines give people the feeling of smoothness, stability, continuity and calmness, and vertical lines give people the feeling of height. , straightforward, light and impetuous, the dots give people the feeling of expansion or contraction, which easily attracts people's attention.

6. Colorality

Color is one of the three basic elements of form (shape, color, and quality). The commonly used colors for LOGO are the three primary colors (red, yellow, and blue). These three colors have relatively high purity, are relatively bright, and are more eye-catching. Color is a basic topic that must be studied in the discipline of industrial design. Color research involves many disciplines such as physics, physiology, psychology, aesthetics and art theory.