Many entrepreneurs have a vague understanding of trademarks and logos, and some even think that logos are trademarks. So are logos and trademarks the same thing? Don't worry, you will understand after reading this article! Many entrepreneurs have a vague understanding of trademarks and logos, and some even think that logos are trademarks. So are logos and trademarks the same thing? Don't worry, you will understand after reading this article! What is a trademark? A trademark refers to a sign used by a business entity on the goods or services it provides, which can distinguish its goods or services from those provided by other market entities. Trademarks, including characters, figures, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks. Trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or to license others to use them for remuneration. What we usually call a trademark generally refers to a registered trademark. What is LOGO? Logo is a foreign language abbreviation of logo or trademark, an abbreviation of logotype, and a symbol indicating the characteristics of things. It takes simple, obvious and easily recognizable images, graphics or text symbols as its intuitive language, and it has the functions of expressing meaning, emotion and instructing actions besides what it represents and what it replaces. Logo is a kind of visual information expression formed in people's long-term life and practice, which has a concise, clear and clear visual transmission effect. Through the image Logo, consumers can remember the main body and brand culture of the company, which is more reflected in the image of the company and plays a role in identifying and promoting the company they own. The difference between logo and trademark in law 1. Obtaining different rights. As an art work, LOGO does not need to be registered, and the copyright is automatically obtained after the creation is completed, while the trademark must be registered by the corresponding state authorities to obtain the trademark right. Second, the designer and the owner of different logos are probably not the same person. Ordinary companies have to entrust the designer to design the logo. As a commissioned works, there are two situations in which the copyright of the logo belongs to the client, or there is no agreement, then it belongs to the designer and the trademark belongs only to the trademark owner. This is the category of intellectual property rights. Third, the laws of protection are different. logo are protected by the Copyright Law and trademarks are protected by the Trademark Law. Logo can be registered as a trademark, so this trademark logo is protected by both the Copyright Law and the Trademark Law, which means that the protection scope of logo and trademark is different, and the protection scope of logo is not as wide as that of trademark. If the intensity of infringement protection is different, of course, the protection of trademarks is greater than that of copyright. Other problems will arise here. If the copyright of the logo belongs to the designer, then if the logo is infringed, it will actually harm the interests of the logo owner, but only the designer has the right to sue. The trademark owner can directly sue the infringement in his own name. Fourth, the duration of protection is different. As a work of art, the duration of protection of logo is generally 5 years, while trademarks can be extended indefinitely, and the time of protection is unlimited. For trademark users, if the trademark has a graphic logo, they must apply for copyright of the logo. In this way, your graphic trademark is copyrighted, and with the copyrighted graphic trademark, others can't register in any category, which is equivalent to the protection of all categories.
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