Nhiều chủ doanh nghiệp chưa nhận thức được tầm quan trọng của logo công ty nên không thực hiện thủ tục đăng ký bảo hộ logo của công ty mình. Điều đó cũng có nghĩa là logo của công ty không được pháp luật bảo vệ nên ai cũng có thể sử dụng nó. Điều này ảnh hưởng đến tên tuổi và uy tín của công ty trong quá trình hoạt động. Vậy quy định về logo công ty theo quy định của pháp luật như thế nào? Mời các bạn theo dõi bài viết dưới đây của Luật sư X.
Legal grounds
Intellectual property law
What is a company logo?
Logo (short for Logotype) or logo in Vietnamese is a graphic element combined with a way of expressing it to form a brand or brand, an image representing a company, organization; or symbolic image of an event, contest, movement or individual.
Company logos are represented by signs that are letters, images or words, etc., which are recognizable to the naked eye and are different from the logos of other businesses.
For a company, a logo is like a characteristic symbol created by that company, helping customers identify the brand and its products.
Current regulations on company logos
Company logo is the subject of intellectual property protection in two types:
Visual and applied art works (Point g, Clause 1, Article 14 of the Intellectual Property Law)
A work of applied art is a work represented by lines, colors, shapes and layouts with useful features, which may be attached to a useful object, produced manually or industrially such as Graphic design (expression of logos, identity systems and product packaging), fashion design, product styling, interior design, decoration.
Thus, the company logo can be considered as a work of applied art and is protected by copyright.
Trademarks (Clause 16, Article 4 of the Intellectual Property Law)
A sign is used to distinguish goods and services of different organizations and individuals.
The company can register for protection for its logo under one of the two above subjects, in which:
The level of protection for applied artworks is weaker than that of trademarks because only when another enterprise has the same or maximum similar logo, that person will be infringed upon copyright. A trademark with only identical or similar signs has been infringed.
Trademarks are protected only when the owner registers the mark at the National Office of Intellectual Property according to the principle of belonging to the first applicant. The default logo is protected when the work is completed.
Based on the purpose of using the logo, the owner can choose to register a copyright or register a trademark. Or to ensure the best benefit, you can register for both these procedures.
Is the company required to register a logo?
Companies register logos with the main purpose of establishing protection measures; and protecting the logo by law.
Currently, according to the provisions of the Enterprise Law on company establishment, company operation; and the Intellectual Property Law, there is no mandatory requirement that the company registers the logo with the competent authority.
However, most subjects carry out this registration procedure or carry out other procedures of similar nature to protect their intellectual products such as copyright registration, and industrial design registration. …
Thus, according to the law, logo registration is not a mandatory procedure that companies must perform when designing their own logo. If the company finds registration unnecessary or it can defend its logo in the event of a dispute, it may choose not to register.
Legal role of company logo
From a legal perspective, a logo with specific characteristics is part of a trademark – a distinctive legal sign.
A trademark is a sign that has a distinct function to distinguish between goods or services of the same type of different subjects. Trademarks under the Intellectual Property Law can be textual content, word content, or a sample mark consisting of both text and word content. Through trademarks, customers and partners can identify your goods/services and distinguish your goods/services from those of others. This is the legal function of a trademark or company logo.
This function manifests can be simple but then there are many other important roles. However, not many business owners are aware of and understand the importance of company logo registration. Therefore, do not carry out or carry out registration procedures for protection of your company’s logo after operating for many years. That also means that the company’s logo and trademark are not protected by law – anyone can use it and late registration means that there is a risk that during the unregistered period it may be stolen by a third party. three registrations lost.
Logos, trademarks of goods/services play an extremely important role. In the era of market economy development, the birth of a series of brands and brands. Fake activities and unfair competition occur often, if the business does not own a separate identification sign, the possibility of the company incurring legal risks is unavoidable.
Moreover, the legal situation for the company’s trademark ownership can become serious if the trademark you are trading is first registered by a competitor, then they automatically own the exclusive rights to the trademark. such logos and trademarks. They may then have the right to ban you from using it. Thus, all efforts, costs, branding plans, marketing and advertising activities for the company will be gone.
Registration service to protect the logo of Lawyer X
The business market is always a competitive, volatile market. The delay in the logo protection registration process will cause the logo to be copied and taken advantage of by competitors. Meanwhile, the logo protection registration process with many procedures, if businesses do it themselves, will face many risks. Using Lawyer X’s logo protection registration service will make you feel secure in every step of the implementation:
Advice on the most necessary documents and procedures for the registration of Logo protection.
Consulting the form of logo protection registration in accordance with the requirements of customers.
Compilation of registration documents; provide customers with the most appropriate, latest forms.
Acting as a representative on behalf of customers to submit registration documents, receive and respond to appraisals, and pay fees and charges.
On behalf of the client to monitor the processing of records.
Supplement or correct the dossier at the request of the dossier-handling specialist (if any).
Receive all kinds of logo protection registration certificates and hand them over to customers.
Make an appeal against the decision to refuse to grant the certificate (if any).
Consulting on handling violations of registered logo rights (if any).
Related article:
- Experience of logo registration in Vietnam that you should know
- Registering exclusive brand logo by the law of Vietnam
- Instructions for exclusive registration of company logos in Vietnam
Frequently asked questions
Current intellectual property law does not provide specific protection for logos. So for a logo to be protected, it must meet the conditions under the regulations on trademark protection.
The law clearly stipulates that when an organization or enterprise has registered a logo, if an individual or group uses another company’s logo, they will be administratively handled and fined.
Pursuant to Article 72 of the Intellectual Property Law, general conditions for protected marks are as follows:
Trademarks are protected if the following conditions are met:
Is a visible sign in the form of letters, words, drawings, images, including holograms or a combination of such elements, represented by one or more colors;
Having the ability to distinguish the goods and services of the mark owner from those of other subjects.”
Thus, when a logo meets the above conditions, it is protected as a trademark.
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “Regulations on company logos according to Vietnamese law”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
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