When setting up a marketplace, store or service, there are some important things individuals need to know. For example, the differences when it comes trademark vs logo, which in some cases can be the same. While this is the case, only trademarks need be registered with the federal and state government.
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.
At times, a symbol can also serve as a trademark when meeting specific criteria. The symbol must be distinct to the company and currently in use in the commercial market to qualify. For example, the Jack In The Box Clown, the bell of Taco Bell or the golden arches of McDonalds, all of which are excellent examples.
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.
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 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.
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.
At times, a symbol can also serve as a trademark when meeting specific criteria. The symbol must be distinct to the company and currently in use in the commercial market to qualify. For example, the Jack In The Box Clown, the bell of Taco Bell or the golden arches of McDonalds, all of which are excellent examples.
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.
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 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.
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