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 both areas, other than that logos do not have to be registered. If using the same symbol for both, then registration automatically applies on both accounts. As a result, if an issue were to arise with regards to ownership, the owner can provide the registration as proof of 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.
Trademarks with state and federal registration provide the presumption of legal ownership of a symbol, the right to profit, produce, copy and use the symbol and the right to take others to court whom attempt to use the same identifier. Whereas, others using the same or similar symbol can often dispute knowing it was in use, especially when having used it prior to an existing registration by another company. Still, when two companies become aware of using the same trademark, it can often take some time to work out an agreement whether in or outside a court of law.
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.
In situations where owners have used, or are using a symbol prior to another company having registered the logo, the first to use the symbol might be able to claim ownership. Most often, companies which realize this is the case can often bypass the hassles of a civil court case by reaching a satisfactory agreement in which one or the other will slightly modify the symbol without going to court.
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 both areas, other than that logos do not have to be registered. If using the same symbol for both, then registration automatically applies on both accounts. As a result, if an issue were to arise with regards to ownership, the owner can provide the registration as proof of 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.
Trademarks with state and federal registration provide the presumption of legal ownership of a symbol, the right to profit, produce, copy and use the symbol and the right to take others to court whom attempt to use the same identifier. Whereas, others using the same or similar symbol can often dispute knowing it was in use, especially when having used it prior to an existing registration by another company. Still, when two companies become aware of using the same trademark, it can often take some time to work out an agreement whether in or outside a court of law.
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.
In situations where owners have used, or are using a symbol prior to another company having registered the logo, the first to use the symbol might be able to claim ownership. Most often, companies which realize this is the case can often bypass the hassles of a civil court case by reaching a satisfactory agreement in which one or the other will slightly modify the symbol without going to court.
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