Legal subjectivity:

1. What is the difference between a trademark and a logo (mark) 1. Different ways of obtaining rights. 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. Ownership of rights. The designer and owner of different logos may not be the same person. Ordinary companies usually entrust designers to design logos. As a commissioned work, there are two situations in which the copyright of a logo belongs to the client. It is agreed that it belongs to the client. Or if there is no agreement, then it belongs to the designer, and the trademark belongs only to the trademark owner. This is the category of intellectual property rights. 3. The protected laws are different: logos are 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. This will also raise another issue. 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 of 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. Someone abroad issued this warning: "It seems that our world will be submerged in the ocean of logos, but trademarks are experiencing setbacks and even being ignored." Emphasis on logos but not on trademarks has become a common phenomenon around the world. Even so, the legal nature of a logo prevents it from replacing a trademark. Excessive promotion of the logo will damage the trademark. Since both logos and trademarks express very same functions and have almost the same characteristics, then when we promote the logo with great fanfare, why not register the logo as a trademark? Let the two complement each other and complement each other, so that the logo can be perfectly designed. Become a permanent trademark mark of the company and brand. 2. Definition of trademarks and logos (logos) From the definition: Trademark: 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. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements. Logo: It is a mark that indicates the characteristics of something. It uses simple, significant, and easily identifiable objects, graphics, or text symbols as intuitive language. In addition to what it represents and what it replaces, it also has the function of expressing meaning, emotion, and instructing actions. It doesn’t have to be a product logo, it can also be an organizational logo, badge, personal logo, etc. The law is objective:

Article 3 of the "Regulations on the Registration and Management of Enterprise Names" When an enterprise applies for registration, the enterprise name shall be approved by the registration authority of the enterprise name. The enterprise name can only be used after approval and registration, and it enjoys exclusive rights within the prescribed scope. Article 26 of the "Provisions on the Administration of Registration of Enterprise Names" The following acts that violate these regulations shall be punished by the registration authority according to the circumstances: (1) Anyone who uses an enterprise name that has not been approved for registration to engage in production and business activities shall be ordered to cease operations. Activities, illegal gains will be confiscated or a fine of not less than 2,000 yuan but not more than 20,000 yuan will be imposed. If the circumstances are serious, both penalties may be imposed; (2) If the company name is changed without authorization, a warning will be given or a fine of not less than 1,000 yuan but not more than 10,000 yuan will be imposed, and a time limit shall be imposed. Handle changes in registration; (3) Anyone who transfers or leases his or her business name without authorization shall have his or her illegal gains confiscated and be fined not less than RMB 1,000 but not more than RMB 10,000.