A trademark is a distinctive symbol composed of characters, graphics, letters, numbers, three-dimensional symbols, colors or the combination of the above elements. It is adopted by commodity producers and operators on the goods they produce, manufacture, process, select and distribute or by service providers on the services they provide, and it is the product of modern economy. In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks.
The difference between logo and trademark
1, with different reference ranges. Logo design is a general term, and all graphic symbols and text symbols with specific meanings can be called logos. Trademark design is a symbol with commercial purpose and value used in the commercial field. The use of marks as trademarks on commodities or commodity packaging shall be registered and protected by law. Belongs to a kind of logo design. 2. The right to obtain different logo as works of art does not need to be registered, and the design automatically enjoys copyright. A trademark must be registered in the corresponding state organ to obtain the trademark right.
3. The rights belong to the designers and owners of different logo, probably not the same person. The company had to entrust a designer to design the logo. As a commissioned works, there are two ways to belong to its copyright: a. It is agreed to be owned by the client; B. there is no agreement and it belongs to the designer. Trademarks belong only to trademark owners and belong to the category of intellectual property rights.
4. Protected marks are protected by copyright law; Trademarks are protected by the Trademark Law. Signs can be registered as trademarks. This trademark is protected by both copyright law and trademark law, that is to say, the scope of protection of marks and trademarks is different. The scope of protection of marks is not as wide as that of trademarks. If it is infringed, the intensity of protection is different. Trademark protection is stronger than logo. For example, the copyright of the logo belongs to the designer, and the logo is infringed, which actually harms the interests of the logo owner, but only the designer has the right to sue. The trademark owner can directly sue the infringement in his own name. 5. The protection period of different signs as works of art is generally 50 years. The term of protection after trademark registration is 10 years, which can be extended indefinitely.
Copyright registration need materials are:
1. Registration application form: there are standard documents, which can be represented by us.
2. Applicant's identification materials: If the applicant is an individual, submit a copy of the ID card; If the applicant is a legal person, it shall submit the certification materials of legal person qualification.
3. Job description: You make the preparatory work, and the comrades in our legal department will revise it. Mainly describe the creative purpose, use and originality of the work (to be elaborated in detail).
4. Work sample: A standard sample is enough.
5. Power of Attorney: Just sign it.
6. Rights certificate: The legal department of our hospital assisted in sorting out the contents.
If it is an enterprise application, it belongs to job creation. As an individual, the author should write a statement stating that he is an employee of the right applicant's unit and uses the company's materials and time to create a work, so the work belongs to job creation, and I give up all rights in the work and sign it.
Go directly to the lobby of the Trademark Office (Beijing) or entrust an agency to handle it. It takes about one month for a trademark acceptance letter and two to two and a half years for a trademark registration certificate.