August 22, 2022
Difference between trademark and logo
What is a Trademark?
A trademark is a type of intellectual property that consists of a recognizable sign, devices, or expression that identifies and distinguishes products or services from other sources. The owner of a trademark can be an individual, a business organization, or any legal entity.
What is a logo?
A logo is a graphic/artistic mark, emblem, or symbol that is used to aid in public identification and recognition. It can be abstract or figurative in design, or it can contain the text of the name it represents, as in a wordmark.
Can a Logo Be a Trademark?
In general, logos and devices used as brand identities for businesses are protected as trademarks.
What is the difference between logo & trademark?
A trademark can be a slogan, phrase, word, company name, logo, or design that identifies a business and/or its products. A logo is a symbol or device used by a business that may be protected by trademark laws. Many companies choose to seek trademark protection for their logos. So, logo consists a part of the trademark.
Why logo registration/Trademark Registration Online is Important?
A trademark registration establishes ownership of a brand, name, or logo. It safeguards your brand against unauthorized third-party use. The registered trademark establishes that the product is entirely yours, and you have the sole right to use, sell, and modify the brand or goods in any way you see fit.
Common Mistakes
Few common mistakes regarding trademark registration are-
- Incorrect use of the TM and R Symbol.
- The Trademark is not being used in commerce.
- Looking for Trademarks That Are Similar.
- Lack of a Distinctive Trademark.
- Choosing the Incorrect Trademark Class.
- Uploading a picture of a different mark with different wording
- Choosing wrong category
- Filling wrong Applicant details etc
Frequently Asked Questions:
What protection comes with a registered trademark?
Registering a trademark grants you the following rights and protections:
- The right to take legal action in court against alleged trademark infringement.
- Your trademark registration is made public.
- You are legally presumed to be the owner of the trademark and to have exclusive rights to use it in connection with the goods and/or services listed in your registration.
Can we register our logo as a Trademark?
Yes.
Can I put ™ on my logo?
Yes. The TM symbol can be used anytime you adopt to use it. It is just an impression to public that it’s a trademark and is used to indicate that a trademark exists and serves as a warning to infringers and counter-fitters.There is no need to file or register a trademark to use the TM symbol. However, using the symbol ‘R’is not permissible until the mark is registered. It is always recommended to file for a trademark once you adopt it as a brand.
Should I trademark my business name or logo?
Yes, file for word as well as logo as it confers a protection against infringement of the same.
Naseem Sheikh is a trademark enthusiastic and has been practicing in intellectual property law for close to six years.
