When to register logo copyright?
When to register trademarks?
Many people still mistakenly believe that when applying for a logo copyright, it is already protected by the trademark … T2H Lawyers today would answer the question that many people still misunderstand.
Registering copyright to ensure the author of the work against the illegal use of the work.
Trademark registration is the registration of a trademark in the national register of trademarks and the grant of a trademark registration certificate to the owner. Thus, when registering protection object A (logo / letter) for a specific goods / services, it is trademark registration, not copyright registration.
So what is the difference between these two objects?
The Law on Intellectual Property is divided into two parts: copyright and industrial property, in which the work is an object of copyright (usually protected by trademark in the form of applied artwork), while the logo is a trademark protection subject is an industrial property right.
Distinguish copyright and trademark:
+ Protection purpose:
The purpose of copyright protection for logos is inclined to protect cultural creations
Trademark registration protects the rights of individuals and organizations in business activities, avoiding confusion between goods and services of the same or similar types provided by these business entities.
+ Conditions of protection:
In order for a work (an applied art work) in particular to be protected by copyright, the prerequisite must be that of independent creativity. This means that the author must create the work using his own intellectual labor, without copying others’ works.
Meanwhile, the condition for trademark protection is not creativity but discrimination, the trademark that you register to help clients distinguish and identify the goods and services that you provide with similar goods or services provided by another entity individual. This also means that trademarks must be associated with goods or services while copyright protection is not.
+ Procedure of protection:
The copyright are protected naturally by law without registration when the conditions for protection are met.
Although the copyright is naturally protected, the State always encourages the authors or the owners of the work to register the copyright at the Copyright Office to have a legal basis for the settlement of the copyright dispution later on if available.
In contrast, the trademark is protected only when the owner conducts a trademark registration with the NOIP according to the principle of first to file (except for some special cases such as a well-known trademark …)
+ Copyright protection aims to protect the creativity of human intelligence, inclined to spiritual values.
+ Protection of trademark monopoly is aimed at protecting a healthy environment in business so it needs a binding and legal recognition.
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