Logo, trademark and brand are important tools for consumers to remember you, and even for some enthusiasts to identify you. There are both connections and differences between them. The key lies in how the enterprise manages, protects and uses it.

Logo VS trademark

LOGO is only a visual identification mark. Besides identification, a trademark can clearly indicate the source of goods or services.

Specifically, LOGO does not need to be used in a certain industry or product. As long as you apply for copyright protection, once others copy it, no matter how far the industry is from you, you can defend your rights. The trademark must clearly indicate which products are used, such as 25 kinds of clothing, shoes and hats. Other products, such as 20 kinds of furniture products, use the same trademark name, which does not constitute infringement.

Trademark VS brand

Brand is a collective concept, which mainly includes brand name, brand logo, trademark and brand function. More often, brand is a market concept, intangible is greater than tangible.

Trademark belongs to a brand, but it needs to be registered to confirm the right, so it is more of a legal concept.

There are many explanations about the relationship between the three on the Internet. The reason why many people are still in a mess is because everyone explains it from different angles! It is the simplest and most clear to distinguish the relationship between the three from the legal point of view.

Legal differences between marks and trademarks

Difference 1: the way to confirm the right is different

As a work of art, Logo does not need to be registered, and the copyright is automatically obtained when it is created, while the trademark must be registered by the corresponding national authorities before it can obtain the trademark right.

Difference 2: different ownership of rights

The designer and owner of the logo are probably not the same person. General companies have to entrust designers to design logo. As a commissioned works, the copyright of Logo belongs to the client in two cases, or to the designer in the absence of agreement, and the trademark belongs only to the trademark owner. This is the category of intellectual property.

Difference 3: The laws of protection are different.

Logo is protected by copyright law and trademark is protected by trademark law. Logo can be registered as a trademark, so this trademark logo is protected by both copyright law and trademark law, which means that the protection scope of logo and trademark is different, and the protection scope of logo is not as wide as that of trademark. If the intensity of infringement protection is different, of course, the intensity of trademark protection is greater than copyright. If the copyright of the logo belongs to the designer, then if the logo is infringed, it actually harms 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.

Difference 4: The guarantee period is different.

Logo as a work of art is generally protected for 50 years, while trademarks can be extended indefinitely, and the protection time is unlimited.

Although the brand, logo and trademark are different. However, the senior legal director of Shangzhong Internet suggested that enterprises should try their best to realize the brand effect and put it into practical legal protection, such as registering brand names as trademarks and applying for the copyright of LOGO. In order to prevent infringement and safeguard rights and interests, law is the most powerful weapon.