International Trademark

In the United States, protecting a logo generally involves trademarking rather than copyrighting. Here’s the difference and why trademark is usually the better option for logos:

1. Trademark: Trademarks protect symbols, names, and logos used on goods and services to identify the source of the goods and services and distinguish them from others in the market. Registering a trademark gives you exclusive rights to use the logo in connection with the goods or services listed in the registration. This prevents others from using a similar mark in a way that could confuse consumers about the source or affiliation of goods and services.
2. Copyright: Copyright protects original works of authorship, such as books, music, and art. It automatically applies from the moment the work is created and fixed in a tangible medium. While a logo might qualify for copyright protection as a graphic design or artwork, copyright does not protect aspects like the branding or commercial identity conveyed by the logo. Copyright primarily prevents others from copying or reproducing the copyrighted work itself.

For logos, trademark protection is more relevant because it specifically protects the usage of the logo as a brand identifier in the marketplace. By registering a trademark for a logo, you ensure that you have legal recourse to prevent other businesses from using logos or similar symbols that could potentially mislead consumers by implying a false association with your brand.

To trademark a logo, you typically need to file an application with the United States Patent and Trademark Office (USPTO), demonstrating that the logo is being used in commerce or you have a bona fide intention to use it in commerce. The process includes a search to make sure your logo does not infringe on existing trademarks, and public notice of your trademark application to allow others the chance to object if they believe your trademark could infringe on their rights.

In the United States, the type of intellectual property that is most appropriate for protecting a company's logo is a trademark. Trademark law is designed to protect symbols, words, and logos that distinguish goods and services from one company from those of another. Here’s how it works for logos:

• Trademark Protection: By trademarking a logo, a company secures exclusive rights to use that logo in connection with its products or services. This helps prevent other businesses from using a similar logo in a way that could confuse consumers about who actually provides the goods or services. Trademark protection is aimed at avoiding consumer confusion and protecting the reputation and brand identity of the company.
• Registration: Trademarks can be registered with the United States Patent and Trademark Office (USPTO). Registering a trademark gives the owner stronger protection, including a legal presumption of the owner's exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
• Enforcement: Once registered, the trademark owner has the legal authority to enforce their rights against other parties who might use a similar mark in a way that causes confusion. This can include suing for trademark infringement.

Trademark protection is the most effective way to safeguard a company logo and ensure it remains a unique identifier for the business.

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.

1. the name of a company, individual or firm represented in a special manner;
2. the signature (except in Chinese characters) of the applicant;
3. an invented word;
4. a word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or 
5. any other distinctive mark. 

There is no restriction on the nationality or place of incorporation of the applicant

The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.

1. the name of the applicant
2. the correspondence or registered address of the applicant
3. a copy of Hong Kong Identity card or passport for individual applicant; a copy of business registration certificate or Certificate of Incorporation of the applicant;
4. a softcopy of the proposed mark;
5. desired class of registration or details of goods or services within those classes which are traded.