Is the website logo a trademark right?

Legal analysis: Website icons need to be registered or copyrighted first. Benefits of trademark graphic registration Copyright:

1. Prove the ownership of the mark (trademark), so as to avoid the invalidation of the trademark due to ownership problems in the future.

2. Once the copyright is registered, others must get the consent of the obligee, otherwise it is infringement.

3. It is difficult to prove the ownership and determine the original rights if the work is commissioned by others or is a job work without copyright registration, and it is very difficult for the obligee to claim the rights.

4. Copyright registration is conducive to ensuring the stability of trademark rights and preventing the lack of rights caused by only registering trademarks.

5. According to the relevant provisions of China's Trademark Law and Patent Law, trademarks and design patents that conflict with others' prior rights can be revoked and invalid. Therefore, if a work of art (such as a graphic) is applied for a registered trademark by others, or a graphic trademark is registered by others in other categories, it is more likely to use the prior right to raise an objection or revoke it.

6. Trademarks can be pre-protected in unregistered categories.

7. The issuing speed is fast.

Legal basis: Article 3 of the Trademark Law of People's Republic of China (PRC) is a registered trademark, including commodity trademark, service trademark, collective trademark and certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.

The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization 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 trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.