In today's era, all kinds of symbols fill our lives. Some of these symbols are registered trademarks, some are LOGOs, and some have no meaning. However, many people have a very vague understanding of trademarks and LOGOs, and some even directly think that trademarks are LOGOs. But, is this really the case?
Trademark: It is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. They are used to distinguish the source of goods or services and consist of words, graphics , letters, numbers, three-dimensional logos, color combinations, or combinations of the above elements, signs with distinctive characteristics are the product of the modern economy.
Registered trademark: In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration. The trademarks we usually refer to are registered trademarks.
Logo: It is the English term for logo or trademark, which serves to identify and promote the company/organization/individual that owns the logo. Through the image of the logo, consumers can remember the company/organization/individual. Subject and brand culture. LOGO is Greek, and the change of logos is the product of modern economy. Modern logos carry the intangible assets of enterprises and are the media for the transmission of comprehensive information of enterprises.
Legal differences between logos and trademarks:
1. The acquisition of rights is different
As a work of art, a logo does not need to be registered. The copyright is automatically obtained upon completion of creation. A trademark must be registered by the corresponding state agency to obtain trademark rights.
2. Different rights ownership
The designer and owner of the logo may not be the same person. Ordinary companies have to entrust designers to design logos. As a commissioned work, other There are two situations in which copyright belongs. If it is agreed, it belongs to the client, or if there is no agreement, it belongs to the designer. However, trademarks only belong to the trademark owner, which is the category of intellectual property rights.
3. Different laws of protection
Logo is protected by the "Copyright Law", and trademarks are protected by the "Trademark Law". A logo can be registered as a trademark, and then the trademark logo is protected by both the Copyright Law and the Trademark Law. This means that the scope of protection of the logo and the trademark are different, and the scope of protection of the logo is not as wide as that of the trademark. If the infringement is infringed, the intensity of protection is also different. Of course, trademark protection is stronger than copyright. If the copyright of the logo belongs to the designer, then if the logo is infringed, it will actually damage the interests of the logo owner, but only the designer has the right to sue. The trademark owner can directly sue for infringement in his own name.
4. The period of protection is different
The period of protection for a logo as a work of art is generally 50 years, while a trademark can be renewed indefinitely, and the period of protection is unlimited. .