From the trademark logo differs in that it does not yet have a legal definition in the legislation of the Russian Federation and it is not possible to register it. Patent lawyers classify the logo as a private case of a trademark, do not use it when defending the rights of their trustees in court, representing their interests in transactions or negotiations.
What is the logo, then?
What is the difference between the trademark and the logo can be understood by considering the essence of the concepts themselves:
- The trademark of the company, the brand is registered and protected at the legislative level name (name) of 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.
- Logo is used more often in advertising, for individualization of brand, organization (enterprise), person. Legal protection extends to him in rare cases. It is a memorable image, word or graphic sign, an emblem directly related to a particular activity.
More often, combined symbols — image and word — are used as a logo. And the leading role in it plays a word (wordforms), an abbreviation or a combination of letters and numbers. Bright examples can be used to all familiar “USSR” or T-34, “Russian Railways”. The brand logo may serve as a trademark if it corresponds to the visual characteristics listed.
Why you need to register the trademark and logo
Legal value the logo does not carry. In order to have a sole right to use, it is necessary to register it in Rosreestra, having undergone a complex and painstaking procedure. It will take quite a long time, but will allow a legal challenge to the right to identify the business with the help of the logo. That is, it will have the same rights as a trademark.
The registration procedure lasts long — from 10 months to one and a half years. It includes the following stages:
- verification of the mark for uniqueness,
- office management in Rospatent,
- receipt of the certificate.
Some nuances of Russian legislation allow the logo to be used on equal rights with a trademark. Experienced patent attorneys can take advantage of such gaps and help prove the right to the logo even before its official registration.
The registered trademark and logo allow its copyright holder to defend its interest in court, including with a claim for compensation, profit from the sale of franchises, promote brand and others.