Why can't logo apply for a patent?
There are three kinds of patents: invention, utility model and design. Is to meet the conditions for applying for a patent. Logo is difficult to meet these three conditions, so it is almost impossible for logo to apply for a patent. So generally speaking, the company's logo does not belong to the patent category, unless the company's logo is used for the packaging of industrial products, at which time the company can apply for design. But the appearance is mainly to protect the overall packaging, not the LOGO.
If a single logo can be protected by copyright or registered as a trademark. According to the provisions of Article 23 of the Patent Law of People's Republic of China (PRC), the design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
How does logo apply for a trademark?
If the logo is a graphic, it will be relatively troublesome to apply for a trademark. We laymen don't understand that graphics need to be decomposed into graphic elements before querying. The query of graphic trademarks is complicated, and it is difficult to divide graphic elements. Moreover, if you query according to the elements of graphic trademarks, there are many similar graphics, which are difficult to distinguish, and you can only query through trademark offices or trademark agencies.
Please apply for graphic trademarks according to different applicants, and the application for graphic trademarks will be different.
(1) If applying for registration in the name of an enterprise, provide a copy of the business license, and affix the official seal to the copy of the business license; (2) If applying for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
(3) Provide trademark patterns, and if color protection is needed, color patterns are also needed;
(4) The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the tenth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification table of goods and services revised by the Trademark Office according to the above international classification table;
(5) Provide the Trademark Power of Attorney with the official seal or signature of the agency. It should be noted that the address on the trademark power of attorney should be exactly the same as the registered address on the business license.