![]() There is a spectrum of distinctiveness for trademarks: Trademarks can either be inherently distinctive on their own, or else they can acquire distinctiveness through exclusive right to use of the trademark over a period of time. To qualify as distinctive, a logo must be able to distinguish the particular goods or services from those that may be similar. This use must take place before a trademark application is submitted, or else it must be about to be used and used within commerce within six months of trademark registration. To qualify under the use in commerce requirement, the trademark must be used in connection with specific goods or services in interstate commerce. There are two main requirements for something to qualify as a trademark: ![]() section 1127, a trademark is:Īny word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. Under United States intellectual property law, specifically 15 U.S.C. It is fair to say that a logo is a type of trademark. What Is the Difference Between a Logo and a Trademark?Ī trademark is a distinguishable and recognizable sign, design, or expression that identifies specific products or services of a particular source as distinct from others.Ī logo is a graphic sign, mark, or symbol used to identify a particular source. This is especially true from a legal rights perspective. ![]() Wondering what the difference between a logo and a trademark is? While the two have similarities, and indeed can have some overlap, they are distinct concepts.
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