A logo can be applied for a trademark, but it is difficult to apply for a patent. Because according to the provisions of my country's patent law, logos generally do not have patent characteristics. Logos cannot apply for patent rights, but they can apply for trademark rights.

Why can’t logos be patented?

There are three types of patents: invention, utility model, and design. It is necessary to meet the conditions for applying for a patent. It is difficult for a logo to meet these three conditions, so it is almost impossible for a logo to apply for a patent. Therefore, generally speaking, a company's LOGO does not fall within the scope of patents, unless the company's LOGO is used for packaging industrial products, in which case the company can apply for a design. However, the appearance is mainly to protect the overall packaging, not mainly the LOGO.

If a single logo can be protected by copyright or registered as a trademark. According to the provisions of Article 23 of the Patent Law of the People's Republic of China, the design for which the patent right is granted shall not belong to the existing design; and no unit or individual has filed an application for the same design before the filing date. The patent administration department of the State Council has filed an application and it has been recorded in the patent documents announced after the application date. The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features. The design for which patent rights are granted must not conflict with the legal rights that others have acquired before the filing date.

How to apply for a trademark for a logo?

If the logo is a graphic, applying for a trademark will be relatively troublesome. It is necessary to decompose graphics into graphic elements before querying, which is incomprehensible to us laymen. Querying graphic trademarks is more complicated, and it is difficult to segment graphics into elements. Moreover, if you query based on the elements separated by graphic trademarks, there will be many similar graphics. It is also difficult to distinguish, so you can only inquire through the Trademark Office or trademark agency.

Please apply for a graphic trademark. Depending on the applicant, the application for a graphic trademark will also be different.

(1) If you apply for registration in the name of a company, you need to provide a copy of the business license, and the official seal needs to be stamped on the copy of the business license; (2) If you apply for registration in the name of an individual, you need to provide your personal identity A copy of the certificate and a copy of the business license of the individual industrial and commercial household. The copy of the business license of the individual industrial and commercial household must be stamped with the official seal;

(3) Provide the trademark pattern. If the color needs to be protected, the color must also be provided. Drawing;

(4) Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, with reference to the International Classification of Goods and Services for Trademark Registration (Nice Classification) 10th edition and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

(5) Provide the "Trademark Agency Power of Attorney" stamped with the official seal or signature of the agency, It should be noted that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.