According to the current system of intellectual property laws and regulations, corporate logos can usually be protected from three aspects: trademark registration, copyright registration of artistic works and design patents. The protection of intellectual property rights is discussed from these three aspects.
I. Registered graphic trademarks
Article 8 of the current Trademark Law stipulates: "Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark."
Visible LOGO can be protected by graphic trademark, which is also the most common protection method. LOGO is defined as a specially designed sign or logo in Oxford Dictionary, which is one of the brand symbols of enterprises. As a trademark, LOGO is easy to recognize and remember. Not limited by language, visual intuition, artistry and appeal. In any language country or region, people will understand the meaning of a trademark as long as they know the graphics. However, in the process of using graphic trademarks, the disadvantage is that it is inconvenient to call, and it is still necessary to combine the brand name to know. For example, when people mention a series of meaningful graphics, such as "Penguin", "Biting Apple", "Smiling face of kind old people" and "Green Mermaid", they will naturally think that these are the graphic LOGO of Tencent, Apple, KFC and Starbucks.
Graphic trademarks can reflect the culture and vision of enterprises, but as a prerequisite for authorization, they need to be significant. The distinctiveness of a trademark is also called the distinctiveness or identifiability of a trademark, that is, the characteristics that can play a significant role. Once a graphic trademark is successfully registered, it will be protected by the exclusive right for a period of ten years. After the expiration, you can renew the fee to the Trademark Office for another ten years. As long as the enterprise needs to use the trademark, there is no limit to the number of renewals.
Second, the registration of works of art.
Article 4 of the current Regulations for the Implementation of the Copyright Law stipulates: "Works of art refer to works of art with aesthetic significance, such as paintings, calligraphy, sculptures and other forms of plane or three-dimensional modeling."
On June 5438+ 10, 2002, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Applicable Law in the Trial of Copyright Civil Disputes. Article 7 of the Interpretation stipulates that "the copyright registration certificate provided by the parties can be used as evidence", which further clarifies the effectiveness of the copyright registration certificate.
As a kind of art, logo graphics can be protected by copyright law from the date of independent creation. In order to further determine the ownership rights of works, the obligee can register with the copyright center through voluntary registration and obtain the copyright registration certificate of art works. Copyright protects the originality of works and protects the rights of works for 50 years. There is no charge in the later period, and it cannot be postponed when it expires.
Third, apply for design.
Article 2 of the current Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of colors, shapes and patterns of a product."
If the company logo is used on the goods and the overall appearance of the goods is novel, you can apply for the protection of the design patent. The protection period of a design patent is ten years, and an annual fee needs to be paid to the State Council every year, which cannot be extended after the expiration. However, it should be noted that patents do not protect the logo itself, but protect the overall shape and pattern design of goods containing the logo.
The above three protection methods have their own emphasis. Trademark is the legal basis of brand protection, and its advantage lies in greater rights protection and protection. However, the disadvantage is that trademarks are substantive examination and authorization is relatively difficult, and trademarks are protected by category. According to the international Nice classification standard, * * * is divided into 45 categories. If we only register one category, such as 25 categories of clothing, shoes and hats, then the trademark will only be protected on clothing, shoes and hats. The advantage of copyright is the registration system, which is bound to be authorized after application, without grading, but the power of maintenance is relatively weak. As for the design patent, it is difficult to authorize, but it is limited to the goods applied for.
Generally speaking, trademark right, copyright and patent right are interrelated and interdependent. Trademarks tend to promote brands, copyrights protect the originality of works, and patents focus on innovative design of products. Enterprises can apply selectively or simultaneously for different channels of intellectual property protection according to their needs.