What is a trademark?
A trademark is a distinctive sign that identifies a certain product, specific individual or company. In the commercial world, a trademark consists of words. Combinations of graphics, letters, numbers, three-dimensional marks and colors, as well as combinations of the above factors, can apply for trademark registration. Trademarks officially approved and registered by the State Administration for Industry and Commerce are "registered trademarks" and are protected by law.
What is a logo?
Logo is the foreign language abbreviation of a logo or trademark. It is the foreign language abbreviation of a logo or trademark. The abbreviation of logotype is a mark of the characteristics of a thing. Logo is a form of visual information expression that we have formed in our long-term life and practice. It is concise and clear. The visual transmission effect is clear at a glance. Delivered via image. Logo allows customers to remember the company's main body and brand culture, and is more of the company's image, playing a role in identifying and promoting the enterprise.
What is the legal difference between trademark and logo?
1. Rights ownership is different. The logo designer and the owner may not be the same person. Ordinary companies must entrust a designer to design a logo. As a commissioned work, there are two cases of ownership of the logo. The agreement belongs to the client or if there is no agreement, it belongs to the designer. The trademark belongs only to the trademark owner and falls within the scope of intellectual property rights.
2. Obtain different rights. As a painting, the logo does not need to be registered. The copyright is automatically obtained after the creation is completed. The trademark must be registered with the corresponding domestic authorities before it can obtain the trademark rights.
3. The protection periods are different. As a painting, the protection period of a logo is generally 50 years. The trademark can be renewed indefinitely and the protection period is unlimited.
4. Different protection laws. The logo is protected by the Copyright Law, and the trademark is protected by the Trademark Law. A logo can be registered as a trademark, and then the trademark can be registered. The logo is protected by both the Copyright Law and the Trademark Law. The scope of protection of a logo is different from that of a trademark. The scope of protection of a logo is not as wide as that of a trademark. Once infringed, the scope of protection is different, and the protection of trademarks is of course greater than that of copyrights. If there are other issues, the copyright of the logo belongs to the designer. If the copyright belongs to the designer, the infringement of the logo will actually harm the interests of the owner of the logo, but only the designer has the right to sue. Trademark owners can sue for infringement directly in their own name.