What is a logo?
Logo is the English term for logo or trademark. It is a change of the Greek logos and is a product of modern economy. It is different from ancient marks.
Modern logos carry the intangible assets of the enterprise and are the medium for the company's comprehensive information transmission. In the process of corporate image transmission, it is the most widely used, most frequent, and also the most critical element. Through constant stimulation and repeated portrayal, it remains deeply in the hearts of the audience.
However, a logo is not a trademark. We need to take the logo to the Trademark Office to apply for registration. Only a successfully registered trademark can protect the brand by law.
What is a trademark? ?
A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. A trademark is a sign with distinctive characteristics consisting of words, graphics, letters, numbers, three-dimensional logos, color combinations, or a combination of the above elements, and is a product of the modern economy. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. The trademarks we usually refer to are registered trademarks.
What is a brand?
In 1960, the American Marketing Association gave an earlier definition of brand: A brand is a name, term, mark, symbol, design, or a combination of them, the purpose of which is to identify something. A seller's or seller's products or services and distinguishing them from those of competitors.
A trademark refers to a brand or part of a brand that applies to the trademark registration agency in accordance with legal procedures. After review, it is approved, and the exclusive right to trademark is granted. Trademarks are protected by law. Anyone without a trademark No imitation or use is allowed without the registrant's permission. It can be seen that the connotation of the brand is broader. ?
Logo VS Trademark?
Difference 1: The acquisition of rights is different?
As a work of art, a logo embodies the wisdom of the creator, and the copyright is automatically obtained upon completion of the creation. There is no need to register; a trademark must be reviewed by the Trademark Office before it can have trademark rights.
Difference 2: The ownership of rights is different
The copyright of the logo belongs to all designers. If a company entrusts a designer to design a logo and agrees that the copyright belongs to the company, then the copyright of the logo belongs to the company. The copyright belongs to the entrusting company as agreed; the ownership of the trademark belongs to the trademark owner and may not be infringed by any unit or individual.
Difference 3: The protected laws are different
Logo is protected by the Copyright Law, while trademarks are protected by the Trademark Law. If a logo applies for trademark registration and passes the review of the Trademark Office, then the logo is both a trademark and a logo and is protected by the Copyright Law and the Trademark Law.
Difference Four: The period of protection is different
As a work of art, a logo is generally protected for 50 years; a trademark can have trademark rights indefinitely through renewal.
Brand VS Trademark
If the brand is compared to a huge iceberg, the trademark is only a small part of the iceberg that emerges from the water. A trademark is an integral part of a brand. It is just the logo and name of the brand, making it easier for consumers to remember and recognize it.
The brand has richer connotations. The brand is not just a logo and name, but also contains vivid spiritual and cultural content. The brand embodies people's values, symbolizes people's identity, and expresses people's values. feelings.
Difference 1: Trademark is part of the brand
Trademark is the logo and name part of the brand, which is easy for consumers to identify.
The connotation of a brand is far more than that. A brand is not just an easy-to-distinguish name and symbol, but also a comprehensive symbol that needs to be given its image, personality, and life.
Difference 2: Trademark belongs to the legal category, and brand is a market concept
Trademark is a legal concept, which emphasizes the protection of the legitimate rights and interests of producers and operators, mainly through the use of trademark exclusive rights. Legal procedures such as establishment, renewal, transfer, and dispute arbitration protect the legitimate rights and interests of trademark owners. When trademark-related interests are infringed, they can use legal means to safeguard their rights and interests.
Brand is a market concept, which mainly includes four parts: brand name, brand logo, trademark and brand role. It emphasizes the establishment, maintenance and development of the relationship between enterprises (producers and operators) and customers, guiding customers to choose purchase products and build customer brand loyalty.
Difference 3: Trademarks require registration and approval, but brands can decide by themselves
Trademarks here are registered trademarks, which must be obtained through legal procedures. Before the registration is successful, it is called a trademark. , it is inappropriate to claim exclusive rights. Brands are different. A company can choose a name at will and ask someone to draw a pattern. It can be a brand, and no one needs to approve whether to use it or how to use it.
Difference 4: Trademarks have national boundary restrictions, but brands do not
When using trademarks and brands, the use of trademarks has national boundary restrictions, but for brands, it The scope of use is without borders. Every country in the world has its own trademark laws. A trademark registered in one country is only protected by law when used within that country. If it crosses national borders, it loses the right to protection in that country.
Although brands, logos, and trademarks are different, the editor recommends that companies should try their best to implement the brand effect into actual legal protection, such as registering the brand name as a trademark, which will LOGO copyright application, etc., to prevent infringement and protect rights and interests, the law is the most powerful weapon.