Whether creating a new product, providing a service or opening a store, it is important to do so in compliance with government regulations. For example, it is important to know the difference as related to a trademark vs logo when applying for a patent. The first thing to understand about the difference is that while a trademark needs to be registered with federal and state agencies, logos do not.
While company names and slogans can be used as trademarks, others prefer to use designs and symbols. In all cases, the design needs to be dedicated to the product or service it projects. For, it identifies the owner as well as the product or service which it projects.
A logo can also qualify as a trademark when meeting certain requirements. In order to qualify, the symbol must be a distinct mark used to distinguish and identify the products or services being offered in the marketplace. Some good examples of this would be the McDonald's Arches, Ronald McDonald, Jack In The Box Clown and Taco Bell.
The same basic rights apply to company symbols though it must be used in the marketplace before declaring ownership. In doing so, a company automatically secures the same basic rights with regards to the logo. Although, there can be some situations in which others might question ownership.
A company does not have to register a logo on the federal or state level. At the same time, State registration of the symbol provides general information within a public record with regards to ownership. Whereas, if the trademark and logo are identical, then the owner obtains all rights and ownership to all such identifiers.
When registered, the owner has the right to the presumption of legal ownership, the right to profit, copy, produce and use the symbol and take others to court when questioning ownership. If and when this occurs, it is important for companies to attempt to come to an agreement outside of court. For, there are many cases in which one company or the other simply was not aware that a symbol or trademark was already in use.
When two companies use the same exact identifier, there is often a dispute over which company has the right to use the symbol. In the case of an unregistered symbol, the first company to have used the trademark qualifies as the legal owner. Whereas, if a symbol is federally registered, the courts recognize the owner as the company which registered first.
If a perspective owner used a dedicated logo prior to another having registered the symbol, then the company might be able to claim ownership based on being the first to use the symbol. While this is the case, there has to be some paperwork, or State registration which can prove this to be the case. In either case, companies whom can work together and agree to make a minor edit in a company name, design or symbol can often avoid a costly civil court battle.
While company names and slogans can be used as trademarks, others prefer to use designs and symbols. In all cases, the design needs to be dedicated to the product or service it projects. For, it identifies the owner as well as the product or service which it projects.
A logo can also qualify as a trademark when meeting certain requirements. In order to qualify, the symbol must be a distinct mark used to distinguish and identify the products or services being offered in the marketplace. Some good examples of this would be the McDonald's Arches, Ronald McDonald, Jack In The Box Clown and Taco Bell.
The same basic rights apply to company symbols though it must be used in the marketplace before declaring ownership. In doing so, a company automatically secures the same basic rights with regards to the logo. Although, there can be some situations in which others might question ownership.
A company does not have to register a logo on the federal or state level. At the same time, State registration of the symbol provides general information within a public record with regards to ownership. Whereas, if the trademark and logo are identical, then the owner obtains all rights and ownership to all such identifiers.
When registered, the owner has the right to the presumption of legal ownership, the right to profit, copy, produce and use the symbol and take others to court when questioning ownership. If and when this occurs, it is important for companies to attempt to come to an agreement outside of court. For, there are many cases in which one company or the other simply was not aware that a symbol or trademark was already in use.
When two companies use the same exact identifier, there is often a dispute over which company has the right to use the symbol. In the case of an unregistered symbol, the first company to have used the trademark qualifies as the legal owner. Whereas, if a symbol is federally registered, the courts recognize the owner as the company which registered first.
If a perspective owner used a dedicated logo prior to another having registered the symbol, then the company might be able to claim ownership based on being the first to use the symbol. While this is the case, there has to be some paperwork, or State registration which can prove this to be the case. In either case, companies whom can work together and agree to make a minor edit in a company name, design or symbol can often avoid a costly civil court battle.
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