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 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.
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 company symbols though it must be used in the marketplace before declaring ownership. In doing so, a company automatically secures the same basic rights with regards to the logo. Although, there can be some situations in which others might question ownership.
While a company does not have to register a logo on the state or federal level, doing so can also be helpful in proving ownership of a logo or trademark. When companies register a trademark identical to a company logo, ownership is often easier to prove than otherwise. For, when registering the owner obtained all rights to both.
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.
If a perspective owner used a dedicated logo prior to another having registered the symbol, then the company might be able to claim ownership based on being the first to use the symbol. While this is the case, there has to be some paperwork, or State registration which can prove this to be the case. In either case, companies whom can work together and agree to make a minor edit in a company name, design or symbol can often avoid a costly civil court battle.
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.
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 company symbols though it must be used in the marketplace before declaring ownership. In doing so, a company automatically secures the same basic rights with regards to the logo. Although, there can be some situations in which others might question ownership.
While a company does not have to register a logo on the state or federal level, doing so can also be helpful in proving ownership of a logo or trademark. When companies register a trademark identical to a company logo, ownership is often easier to prove than otherwise. For, when registering the owner obtained all rights to both.
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.
If a perspective owner used a dedicated logo prior to another having registered the symbol, then the company might be able to claim ownership based on being the first to use the symbol. While this is the case, there has to be some paperwork, or State registration which can prove this to be the case. In either case, companies whom can work together and agree to make a minor edit in a company name, design or symbol can often avoid a costly civil court battle.
About the Author:
Learn more about the difference between trademark vs logo 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.
No comments:
Post a Comment