A logo (logo design) is a visual concept; a trademark is a legal concept. Once completed, a logo is protected by copyright law as a work of fine art, but only after being applied for with the CNIPA and approved for registration does it become a registered trademark protected by the Trademark Law, enjoying an exclusive right.
Differences at the Concept Level
- A logo is a design work: the logo is the core of an enterprise's visual identity (VI) system, emphasizing aesthetics, recognizability, and communicability, created by a designer.
- A trademark is a legal right: a trademark emphasizes distinguishability and exclusivity; its value lies not in looking good, but in whether it can distinguish one's goods from others' and whether it can stop others from using identical or similar signs.
Differences in Modes of Protection
- Copyright protection of a logo: as a work of fine art, a logo automatically enjoys copyright upon completion, without registration (voluntary registration may facilitate proof). But copyright only prohibits copying; it does not prohibit others from independently creating identical or similar devices, nor from using the same sign in other classes of goods.
- Exclusive-right protection of a trademark: once a logo is registered as a trademark, the registrant may prohibit others from using identical or similar signs on identical or similar goods; the scope of protection is limited to the approved goods, and the right may be renewed indefinitely.
Practical Advice
- When commissioning a logo design, agree on copyright ownership in the contract (usually assigned to the commissioning party) to avoid future ownership disputes.
- Apply for trademark registration as soon as the logo is finalized — do not wait until brand building is complete, or the logo may be squatted by others.
- If the logo contains both words and a device, it is advisable to apply for the words and the device separately, and then file a combined mark as needed for more complete protection.
Common Misconceptions
Printing a logo on business cards and packaging does not confer trademark rights. Only upon approval of registration and issuance of the Trademark Registration Certificate does one enjoy the exclusive right on the approved goods or services — and only then can one enforce the right, complain about infringement, and onboard e-commerce platforms that require trademark qualifications.
If you are unsure about the above issues, you may first engage trademark agency registration services on MyTMBee and act after obtaining analysis from a CNIPA-recorded trademark agent.