According to the provisions of my country's patent law, logos do not have patent characteristics, so logos cannot apply for patent rights, but they can apply for trademark rights.
Logo generally does not belong to the protection scope of patent rights. If the logo is used on the appearance packaging of industrial products, the entire package can be patented and it belongs to the design.
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 patent rights are granted shall not be an existing design; nor shall any unit or individual The design has been applied to the patent administration department of the State Council before the filing date, and is recorded in the patent documents published after the filing 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 shall not conflict with the legal rights that others have acquired before the filing date.
Legal basis:
The design granted patent rights under Article 23 of the Patent Law of the People's Republic of China shall not be an existing design; nor shall there be any An entity or individual has submitted an application to the Patent Administration Department of the State Council for the same design before the application date, and it will be recorded in the patent documents published 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 shall not conflict with the legal rights that others have acquired before the filing date.