Many people have been confused between trademark and logo, and some even think that logo refers to trademark, so, are logo and trademark the same thing? What is the difference between a trademark and a logo?

Definition of Trademark

Trademark is a distinctive logo consisting of words, graphics, letters, numbers, 3D logos, sounds, combination of colors, or a combination of the above elements, used by the manufacturer or distributor of goods on the goods produced, manufactured, processed, or distributed by them or by the service provider to distinguish the source of the goods or services.
Trademarks that have been certified by the government are “registered trademarks” and are protected by law. A registered trademark protects the owner by ensuring that the owner has the exclusive right to their designated goods/services, or to license them to others for profit. The trademarks that we usually refer to are registered trademarks.

Definition of Logo

Logo is generally a symbol or graphical image that is used to identify a particular source. It uses simple, distinctive and easily recognizable symbols, graphics, or words as an intuitive language, which not only expresses and represents something, but also expresses meaning, emotion and instructions, etc. A logo doesn't necessarily have to be a goods logo, but can also be a logo of an organization, an emblem, a personal logo, etc. The scope of a logo is wider than a trademark.

Difference Between a Trademark and Logo in Terms of Law

1. Different ways to obtain rights
   
   Logo as an art work that doesn’t need to be registered, and the copyright is automatically obtained upon completion of creation, while trademark must be registered by the corresponding national authorities to obtain trademark right.
   
   
2. Different attribution of rights
   
   It is likely that the designer and owner of the logo are not the same person. Companies usually entrust a designer to design the logo, then the logo as an entrusted work, the attribution of its copyright shall have two situations: (1) under an agreement the copyright will go to the entrusted person, or (2) without any agreement, the copyright belongs to the designer.
   
   
3. Different Kinds of Legal Protection
   
   Logo is protected by the Copyright Law and trademark is protected by the Trademark Law. A logo can be registered as a trademark, so it is protected by both the Copyright Law and the Trademark Law, which means that the scope of protection for logos and trademarks is different, and the scope of protection for logos is not as broad as for trademarks. The level of protection in case of infringement varies, but the protection for trademarks is certainly stronger than copyright. In addition, if the copyright of the logo belongs to the designer, and if the logo is infringed, the interests of the logo owner are in fact harmed, but only the designer has the right to raise a lawsuit, while the trademark owner can make a direct claim of infringement themselves.
   
   
4. Different Duration of Protection
   
   The term of protection for a logo as an art work is generally 50 years, while a trademark can be renewed infinitely and is protected for an unlimited period of time.

A logo represents a company, and trademarking that logo helps protect it from unauthorized use. When other company uses a similar logo, it can cause confusion and consumers may not know which product to purchase. With proper legal protection, your company can prevent others from using your logo or a logo that looks similar.

See also:
Global Trademark Registration Procedures and Fees