What is the difference between a trademark and a logo? What is the difference between a trademark an

Due to the imperfection of China's trademark registration management and the backwardness of judgment and examination methods, many company logos and organization logos are not registered. Therefore, clarifying the relationship between a trademark and a logo can help determine whether you need to register a trademark. 1. What is a trademark?

A trademark is a sign with distinctive characteristics adopted by the producer or operator of the commodity in the goods it produces, manufactures, processes, selects or distributes or the provider of the service in the service it provides, and is used to distinguish the goods or services. In the commercial field, a trademark can be registered as a trademark, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as a combination of the above elements. 2. The difference between a sign and a trademark 1. The scope of the referent is different The design of a logo is a general name and a general term, and all graphic symbols and text symbols of a specific meaning can be called a logo (logo).

A trademark design is a sign that is used in the commercial field for a commercial purpose and commercial value. The use of a trademark on goods or packaging is subject to legal registration, and it is protected by law.

It is a type of logo design. 2. The acquisition of rights does not require registration of different logos as art works, and the copyright is automatically obtained after the design is completed. A trademark must be registered with the corresponding national authority in order to obtain a trademark right.

3. The designer and owner of the logo are likely not the same person. The company has to entrust the designer to design the logo (logo), then the logo (logo) as a commissioned work, its copyright ownership has two situations: a

The agreement is owned by the principal; b.There is no agreement, it belongs to the designer. Trademarks belong only to the trademark owner, which is a category of intellectual property.

4. Different logos protected by the law are protected by the Copyright Law; Trademarks are protected by the Trademark Act. A logo can be registered as a trademark. This trademark is protected by both the Copyright Act and the Trademark Act, which means that the scope of protection for logos and trademarks is different.

The scope of protection for a logo is not as broad as that for a trademark. If it is infringed, the level of protection is also different. Trademarks are more protective than logos.

For example, the copyright of the logo belongs to the designer, and the infringement of the logo actually damages the interests of the owner of the logo, but only the designer has the right to sue. Trademark owners, on the other hand, can sue for infringement directly in their own name.

5. The term of protection is different, and the term of protection for a logo as a work of art is generally 50 years. The term of protection of a trademark is 10 years after registration and can be renewed indefinitely. Extended reading:

What is the crime of illegally manufacturing and selling illegally manufactured registered trademark logos, illegally manufacturing and selling illegally manufactured registered trademark logos, and the criteria for filing a case for the crime of illegally manufacturing and selling illegally manufactured registered trademark logos.

A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.

As an important intellectual property right, trademark has become an important strategic resource for the development of enterprises and countries and a powerful driving force for the development of the market economy, and to a certain extent, it represents the economic strength, development level and overall image of an enterprise, a region and even a country. In particular, famous and well-known trademarks are not only the intangible assets of enterprises, but also the resources and wealth of society.

Trademark is also an important tool for enterprises to participate in competition and open up markets, and it is a trademark that carries the operation and management of enterprises, scientific and technological progress, staff quality, business reputation, etc., reflects the comprehensive quality of enterprises, and has become a symbol of enterprises. If you don't know much about the trademark process, it is recommended to choose a trademark company like Alibaba Cloud to help you handle it, because both in terms of cost and professionalism, the company has advantages.

Benefits of trademark registration.

1. It is convenient for consumers to recognize the brand and shop.

2. The trademark registrant has the exclusive right to use the trademark and is protected by law.

3. Through trademark registration, you can create a brand and occupy the market first.

4. A trademark is an intangible asset whose value can be evaluated.

5. Trademarks can be transferred, licensed to others, or pledged to realize their value.

6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.

7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.

The difference between a trademark and a brand is as follows: 1. A trademark is a legal concept, which is protected by the Trademark Law, and once registered, the right holder enjoys the exclusive right to use the trademark. And branding is an economic concept.

2. For enterprises, there are usually only a few brands, but trademarks can choose to register a series of trademarks. 3. The role of the trademark is to associate the goods with the enterprise and play the role of identification. Pinsheng Naige brand is associated with the overall image of the enterprise, but the relationship between the trademark and the brand is also very close, and the company usually registers the Mu stool brand as one of a series of trademarks.

In fact, it also proves that registering the brand as a trademark and protecting it with trademark law is the most convenient, effective and powerful way to protect the goodwill of the enterprise. Therefore, in a sense, a corporate brand and trademark can be the same, so people often equate the brand and trademark, in fact, the brand is broader than the trademark. Legal basis:

Article 3 of the Trademark Law of the People's Republic of China is a registered trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization. For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain type of business or service, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

The difference between a trademark and a brand is as follows:1Brands that have not been registered to obtain trademark rights are not protected by law.

In other words, a trademark is a brand that has been registered and obtained the exclusive right to use a trademark and is thus protected by law. 2.Brands and trademarks are trade names and logos used to identify different types and quality products of different producers and operators.

3.A trademark is not only a sign or mark, but more often it also includes the name or title part, and in the process of brand registration to form a trademark, these two parts are often registered together and are jointly protected by the legal remnant. 4.

In the marketing practice of enterprises, the brand and trademark are to distinguish Kaitan products, so that consumers can easily identify the goods and facilitate competition.

trade names and trademarks.

The specific difference between BAI is: DU

1. The name of the product is popular, owned by the public, and can be used by everyone; Whereas.

The internal trademark is exclusive and tolerant of exclusivity.

2. The generic name of the commodity is used to distinguish different types of goods, and the specific name of the commodity is used to distinguish the specific goods and specific things of the same type of goods; Although trademarks are also used to distinguish goods, they are mainly used to distinguish producers and sellers of different goods.

3. The generic name of the commodity is not distinctive and cannot be registered as a trademark, because it not only cannot distinguish between different producers or sellers of the goods, but also turns the title that should belong to the public into the exclusive possession of a specific person, resulting in an undue monopoly.

Most of the specific names of goods can be registered as trademarks as long as they do not violate the provisions of Article 11 of the Trademark Law.

4. The name of the commodity is naturally generated and does not need to go through any formalities; A registered trademark can only become a registered trademark after the application is approved.

5. Commodity names are generally not protected by law, and only the names of well-known commodities can be protected by the Anti-Unfair Competition Law.

Jite Intellectual Property: What is the difference between a trademark name and a trademark?

The trade name is your business name. A trademark is one or more words, symbols, designs, logos, etc., used by the owner to identify the owner's goods and services**. Your trademark and trade name can be the same or different.

The differences between trade names and trademarks are as follows: 1. Different applicable laws Trademark registration needs to be carried out in strict compliance with the relevant provisions of the Trademark Law, so the relevant rights of registered trademarks are protected by the Trademark Law. Trademark rights belong to intellectual property rights and are highly protected by law.

The state has not enacted a special law for firms, and firms are mainly registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration. The right to a trade name is a right to a name and is protected by law to a lesser extent. 2. Different Functions Trademarks are mainly used to distinguish goods, represent the reputation of goods, and must exist in connection with some specific goods to which they are attached.

The trade name is mainly used to distinguish the enterprise, represents the credibility of the manufacturer, and must be associated with the producer or operator of the commodity. III. Different Scope of Application The Trademark Law stipulates that the exclusive right to use a registered trademark is limited to ten years, and there is no geographical restriction on the exclusive right to use a trademark, and the scope of application of the exclusive right to use a trademark covers the whole country and can even be extended to a global scope. There is no statutory time limit for the right to trade names, and it will be born and destroyed together; The scope of application of trade name rights is limited and is only valid within the territorial scope of the jurisdiction of the registered administrative authority for industry and commerce.

Fourth, the registration principle is different China's trademark registration implements the principle of combining "voluntary registration and compulsory registration", which stipulates that except for human drugs and tobacco products, which must apply for registered trademarks, whether other goods apply for registered trademarks follows the principle of voluntary. The principle of "compulsory registration" is implemented in the registration of business names, and the acquisition of enterprise business names must be registered by relevant departments, and business names cannot be used without registration.

Article 3 of the Provisions on the Administration of Registration of Enterprise Names shall be verified by the competent authority for the registration of enterprise names when an enterprise applies for registration. The enterprise name can only be used after approval and registration, and it enjoys the exclusive right within the prescribed scope. Article 26 of the "Provisions on the Administration of Enterprise Name Registration" The following acts in violation of these provisions shall be punished by the competent registration authority according to the circumstances:

1) Where an enterprise name that has not been registered for verification and approval is used to engage in production and business activities, it shall be ordered to stop business activities, confiscate illegal gains or impose a fine of not less than 2,000 yuan but not more than 20,000 yuan, and if the circumstances are serious, it may be imposed concurrently; (2) Anyone who changes the name of the enterprise without authorization shall be given a warning or imposed a fine of not less than 1,000 yuan but not more than 10,000 yuan, and shall change the registration within a time limit; (3) Transferring or leasing one's own enterprise name without authorization shall have the illegal gains confiscated and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.

Signs are specific and clear graphics, words, colors, etc. to represent and symbolize things, and also express abstract spiritual content such as things and objects. Signs are not only the singular indicative role of the existence of things, but also the overall embodiment of purpose, content, nature, proposition, spirit, etc. At the same time, with a specific and clear shape, the information will be quickly and accurately disseminated to the public and social organizations.

Logos include emblems, trademarks, and public signs of ** institutions, enterprises, associations, activities, etc., which are three different main contents in logo design, and they have many common features and differences. **The logo of an institution, enterprise, association, activity, etc. is also called a logo. It evolved from the coat of arms.

The badge, also known as the family emblem, was originally used from individuals to the family, and then the first institutions, enterprises, groups, etc. also use a fixed logo, various gatherings, activities, festivals, commemorative events, etc. The emblem is used for various social groups, organizations and professional and socialization activities in politics and economy. Represent the image of ** institutions, factories, schools, publishing houses, restaurants, shopping malls, etc.; Symbolic symbols that represent the nature, characteristics, ideas, and spirit of the conferences, performances, exhibitions, sports meetings, and other activities held.

Trademark is a sign made by an enterprise in order to distinguish different manufacturers of goods, different types of the same product, a false number of brands, and a certain kind of business-first, commercial, transportation and service industry activities, and after the review of the relevant departments, it will become a trademark if it is approved for registration. Trademarks are subject to legal management, so the enterprise trademark has the exclusive right to use the trademark, and the name mark is protected by the normal combustion law, and no other enterprise shall imitate or use it. Therefore, a trademark is a legal term, that is, the corporate logo of a manufacturer, the brand logo of a product or the logo of a certain business industry that enjoys legal protection, and the trademark of an enterprise can be registered in most countries in the world and is protected by national laws.

Trademarks can be divided into three categories: enterprise trademarks, brand trademarks and signs of the business industry. Public signs are identification symbols used in public places, which should be symbols and graphics that can be recognized and understood by most people, and it has the characteristics of supralinguistic, super-regional and trans-national boundaries.