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Is a logo a trademark?

Logo can form part of a trademark, but not all logos are trademarks.

1. The definition and function of Logo

Logo, or logo, is a visual symbol used by an enterprise or organization to identify itself and distinguish it from other entities. It usually includes graphics, text, letters, numbers, colors and other elements, and is simple, easy to recognize and easy to remember. The main function of a logo is to convey the image and philosophy of a company or organization and enhance brand awareness and recognition.

II. Definition and composition of trademarks

Trademarks are the goods or services provided by producers or operators of goods or services on the goods they produce, manufacture, process, select or distribute. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements. The main function of trademarks is to protect consumer rights and prevent market confusion and unfair competition.

3. The relationship between logo and trademark

There is a close connection between logo and trademark. Many companies choose to register their logo as a part or entire trademark to obtain legal protection. When a logo goes through the trademark registration process and is approved, it becomes a legally valid trademark and enjoys various rights stipulated in the trademark law.

However, not all logos are trademarks. Some logos may not have been trademark registered, or may not meet the requirements for trademark registration, and therefore do not have the legal effect of a trademark. In addition, even if the logo has been registered as a trademark, it still needs to comply with the provisions of trademark law in subsequent use, otherwise it may face the risk of trademark invalidation or cancellation.

In summary:

Logo can be registered as part of a trademark or as a whole, thereby enjoying various rights stipulated in the trademark law. However, not all logos are trademarks, and whether they have legal effect depends on whether they have gone through the trademark registration process and been approved. Therefore, when companies use logos, they should fully understand the relevant provisions of the trademark law to ensure the legality and effectiveness of the logo.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 3:

According to the Trademark Office Trademarks approved for registration are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

"Trademark Law of the People's Republic of China"

Article 8 stipulates:

Any person who can transfer the goods of a natural person, legal person or other organization to another person Signs that distinguish goods, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.