1. If Taobao sellers sell your products without authorization, du belongs to the company's genuine products, which is related to the sales channel of zhi. It is suggested to trace the company's sales channels.
2. If the products sold by the Taobao seller dao are not genuine products of your company, it may infringe your company's exclusive right to use trademarks or the patent rights or copyrights related to the products.
a trademark generally refers to the name of an enterprise or the name of a product, while a logo is a simple and interesting graphic to represent a company or product, or a product or company logo. Logo means logo, not necessarily a commodity logo, but also an organization logo, badge, personal logo and so on.
Legally speaking, Logo is quite different from trademark:
1. The acquisition of rights is different.
Logo, as an art work, automatically acquires copyright when it is created, and the trademark must be registered with the corresponding state authorities to acquire the trademark right.
2. Different ownership
The designer and the owner of the Logo are probably not the same person, and ordinary companies have to entrust the designer to design the logo. Then, as a commissioned works, there are two cases 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.
3. Different periods of protection
As a work of art, the period of protection of p>logo is generally 5 years, while the trademark can be extended indefinitely, and the period of protection is unlimited. Someone abroad issued such a warning: "Our world seems to be submerged in the ocean of logo, but trademarks are being frustrated and even ignored." It seems that logo is not only the fashion of China people, but also the fashion of the world.
4. Different laws protect
logo is 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 scope of protection of logo and trademark is different, and the scope of protection of logo is not as wide as that of trademark.
if the intensity of protection is different, of course, the intensity of protection of trademarks is greater than that of copyright. Another problem 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.
Extended data:
Properties
1. Identifiability
Requirements on identifiability must be easy to identify and remember. This must be done in terms of color and composition.
2. specificity
the so-called specificity means to be different from other LOGO and have its own characteristics. Otherwise, the designed LOGO are all the same.
3. Connotation
The design of LOGO must have its own meaning, otherwise even if it is beautiful, it is only beautiful in form, but it has no meaning. This requires that the LOGO must have its own symbolic meaning.
4. legal awareness
the legal awareness of LOGO must pay attention to sensitive words, shapes and languages.
5. Overall image planning (structural)
Different structures of p>LOGO will give people different psychological consciousness, just as the horizontal line gives people the feeling of being gentle, steady, continuous and calm, the vertical line gives people the feeling of being tall, straightforward, light and impetuous, and the point gives people the feeling of expanding or contracting, which is easy to attract people's attention.
6. Color
Color is one of the three basic elements of form (shape, color and quality). Color is a basic subject that must be studied in the discipline of industrial design. Color research involves many disciplines such as physics, physiology, psychology, aesthetics and art theory.
reference: Baidu encyclopedia -logo.