Whether you can apply for a patent for designing your own logo

According to the provisions of China's patent law, the logo does not have patent characteristics, so the logo cannot apply for a patent, but it can apply for a trademark right. Logo generally does not belong to the scope of patent protection, if the logo is used in the appearance of industrial products, the entire packaging can be patented, which belongs to the design. If a single logo can be copyrighted or registered as a trademark.

According to Article 23 of the Patent Law of the People's Republic of China, a design for which a patent right is granted shall not be an existing design;Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design. The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.

Legal basis: The design for which the patent right is granted under Article 23 of the Patent Law of the People's Republic of China shall not belong to the existing design;Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.

The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.

Your own logo can be protected by copyrights, trademarks, and patents.

Copyright theoretically arises naturally from the date the work is completed, but you can also register with the Copyright Office at a low cost.

A trademark is a mark used to distinguish goods or services, and must be combined with related goods, for example, if your logo is used for clothing products, then you can apply for trademark registration on clothing products. However, if you want to cover all goods or services, it is unlikely for the average person, and the cost is relatively high, because there are 45 classes of trademarks, and if you want to cover them, you have to apply for 45 trademarks.

Generally speaking, your logo does not fall under the scope of patents, unless your logo is used for the packaging of industrial products, in which case you can apply for a design. However, the appearance is mainly to protect the overall packaging, not mainly the logo.

Considering the above three protection methods, the most cost-effective is copyright registration.

Go to the industrial and commercial bureau to register, and then hold it yourself to prevent others from seeing.

How to apply for a logo design patent?Drawings are generally composed of the following two forms: 1. The shape of trademark drawings is answered

If the drawings listed in the official seal are used to apply for a patent, you can apply for a patent directly. For example, the pattern marked in the official seal can generally be used by the applicant. Generally, the applicant can determine the size, checkered or other dimensions of the design.

Generally, it includes several items to return to the following items: 1. Trademark graphics (including text works, also called regular graphics); 2. Copyright registration certificate; 3. Trademark registration certificate; 4. Substantive examination form; 5. Trademark pre-loan registration form; 6. A copy of the preliminary examination announcement; 7. Other laws, languages, etc. The effect of such proof is that the advertiser obtains a fundamental benefit.

The effect of such proof proves is:

The logo is patentable. However, only if the logo is used in the appearance packaging of industrial products, it can apply for a design patent for the packaging as a whole. According to the relevant regulations, the application process for a design patent includes: application, acceptance, preliminary examination and authorization.

[Legal basis].

Article 27 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

Where an application for a design patent is made, a written request, a brief description of the design and a brief description of the design shall be submitted.

The applicant submits a request for the design of the product for which the patent protection is claimed.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.

Article 40. If no reason for rejection is found in the preliminary examination of the patent application for utility model and external cavity design, the patent administration department shall make a decision to grant the utility model patent or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.