الثلاثاء، 4 ديسمبر 2018

Understanding Trademark VS Logo In Patents

Understanding Trademark VS Logo In Patents

by Peter Phillips

Whether providing a service, setting up a store or online marketplace, there are several things to consider. The first is to assure that there is no other business using any logo or trademark before filing for a patent. Whereas, the second is to comprehend the difference when deciphering <a href="https://www.zarawatsonlaw.com/2018/09/24/the-difference-between-trademarks-copyrights/">trademark vs logo</a>. For, while both are essential, only trademarks can be registered on the state and federal level.

While these identifiers can include company names, slogans, symbols and designs used to identify and separate the goods of one company from another, a logo is a symbol solely dedicated to a specific brand or company. Whereas, a trademark must be a unique mark identifying the owner. In addition, it must also be a dedicated and unique mark which identifies the services or goods being provided through commercial trade.

In one case, a trademark registration can be that of a company symbol. Whereas, logos can also qualify as trademarks if meeting specific criteria. In order to do so, the symbol must be a unique mark which clearly identifies the products and services provided by the owner. In addition, the symbol must be used in the marketplace before an individual can declare ownership.

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.

Most notably, a company does not need to register a symbol on the federal or state level. For, the State registration of the trademark provides a public record with the general information related to the use of the identifier within the region. As such, when registering a trademark which is the same as a company logo, companies obtain the rights to ownership of the symbol.

In all cases, trademarks registered with federal and state government agencies provide a presumption of legal ownership as well as the right to use and copy the symbol and produce and profit from same. In addition, registration allows the owner to take others using the symbol to court if and when necessary. While this is the case, if the individuals using the symbol have no prior knowledge of the symbol being trademarked, then more often than not, these cases are thrown out of court.

In situations where two companies are using the same identifier, a dispute often occurs. If the symbol is not registered, the first company having used the symbol qualifies as the owner. Whereas, if a symbol is registered, then the courts often recognize the owner as being the one who first registered. Ultimately, the companies must follow the decision of the court, though there have been some appeals with regards to these kind of cases.

In situations where an owner had used a logo prior to another company having registered the symbol, then the company might be able to show this earlier use as a means toward ownership. While this is the case, there must often be a state registration with a date which is earlier than that of the other company. In either case, companies can often save a great deal of time and money by working out an agreement.



Learn more about the difference between <a href="http://www.zarawatsonlaw.com/2018/09/24/the-difference-between-trademarks-copyrights">trademark vs logo</a> by visiting our official website now. For detailed information on our individualized legal services or to access our client portal, click the links at http://www.zarawatsonlaw.com/2018/09/24/the-difference-between-trademarks-copyrights today.

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