GENERAL ON LOGO PROTECTION

I. ENLARGED VISION

This section includes the general knowledge in many aspects of logos and the relevant legal matters.

1. Introduction :
a. General on basic knowledge of logo

Generally understood, a logo stands for its owner, and contains in itself the information on its owner. In business, logo is a sign for the recognition of the products or services it represents. A logo of an individual fixed onto a product or service in business, is understood as a way to distinguish the products or services of such individual or organization from those of others. In business, logo is normally connected to another legal concept which is the BRAND of GOODS based on its distinction from other products or services of the same kind. Not simply representing the products or services supplied to customers, certain logos are the signs for identifying an individual, agency or organization in all fields of their operations, not only in business. For example, in case of non-governmental and non-profit organizations, their logos and symbols do not represent the products or services they provide, and sometimes are simply the signs for their easiest recognition, and in this case the distinction is less emphasized than the individuality, the recognition of such organization by other social sectors.

Besides embodying the information on its owner, a logo also bears the profound hallmark of its creator. This is a point completely distinct from that of a brand of goods. The individuality of a logo contains the artistic creation for its complete appearance of a work of art. Such artistic work contains the owner’s intent which is embodied via the creation & representation of the painter (with different means, and material tools on a variety of substances), legally known as the author.

Thus, in a logo, there exist the attributes of distinctiveness and creativeness, which constitute the characteristic of such logo, bearing the features, and signs for the recognizing of the owner, as well as the creative hallmarks of the designer.

In its form, a logo exists in forms of two-dimensional space and three-dimensional space. However, basically, each logo must be embodied, that means its ideas must be expressed on such materials as paper or the like.

Legally, depending on its using purpose and protective purpose, a logo is protected in two modes : the industrial property and the copyright.
As to the industrial property, a logo may be protected by the law on brands of goods or industrial models.

In case of the copyright, a logo is protected in form of an applied artistic work.