How to understand what is a logo and what is a trademark? What is the visual and legal difference between them? Can they replace each other?
A logo differs from a trademark in that it does not yet have a legal definition in the legislation of the Russian Federation and cannot be registered. Patent lawyers classify the logo as a special case of a trademark, do not use it when protecting the rights of their principals in court, representing their interests in transactions or negotiations.
What is a logo?
What is the difference between a trademark and a logo can be understood by considering the essence of the concepts themselves:
- A trademark of a company, brand is a registered and legally protected name (name) of a brand, service or product. It can be registered in one or more countries. The copyright holder of the trademark is a legal entity. Only the owner can use it for profit.
- The logo is used more often in advertising, for the individualization of a brand, organization (enterprise), person. Legal protection extends to him in rare cases. It is a memorable image, word or graphic sign, emblem that is directly related to a certain type of activity.
Most often, combined symbols are used as a logo - an image and a word. Moreover, the leading role in it is played by a word (word forms), an abbreviation or a combination of letters and numbers. Vivid examples are the familiar "USSR" or T-34, "Russian Railways". A brand logo can be a trademark if it matches the listed visual characteristics.
Why do you need to register a trademark and logo
The logo has no legal meaning. In order to have the sole right to use, it is necessary to register it with Rosreestr after going through a complex and painstaking procedure. It will take a lot of time, but it will allow you to dispute the right to identify a business using a logo in court. That is, it will have the same rights as a trademark.
The registration procedure takes a long time - from 10 months to one and a half years. It includes the following steps:
- checking the mark for uniqueness,
- classification,
- office work in Rospatent,
- obtaining a certificate.
Some nuances of Russian legislation allow using the logo on an equal footing with the trademark. Experienced patent attorneys can take advantage of these gaps to help prove a logo even before it is officially registered.
A registered trademark and logo allow its copyright holder to defend their interests in court, including with a claim for compensation, to profit from the sale of franchises, to promote the brand, and others.
