題:
如果版權得到保護,為什麼還要將徽標註冊為商標?
Yami Odymel
2018-09-03 20:28:46 UTC
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If everything I created is protected by the copyright; No one can use it without my permission. Why would I need to register it as a trademark to protect it?

If something is too simple to create, it cannot be registered as a trademark, it's the same as how copyright works.

Therefore, if my logo (not logotype) can be registered as a trademark, then I have the copyright of my logo.

So, what's the point to make a logo as a trademark? Only because trademark can be owned by a company not just a person?

四 答案:
A. K.
2018-09-03 21:32:13 UTC
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Copyrights protect the mark as is, and derivatives of it, but does not protect the brand from look a likes or from new trademarks that would be confusing.

Consider the Pepsi logo:

Pepsi logo

I could easily draw a circle half red and half blue with a white line straight across, vertically, or diagonally. In fact:

Hep-C logo © 2018 A. K. all rights reserved.

There it is my new logo for my cola company called Hep-C (I'm raising awareness). Under copyright law Pepsi could not come after me because the logo is my own creation. I could even call it Pepsi and it would not be a copyright violation as you cannot copyright words. However, Pepsi has better lawyers than that and with my trademark so similar to theirs and the name sounding so similar (and my new name being potentially disparaging to Pepsi) it would likely confuse consumers between what was Pepsi and what was Hep-C thus under trademark law it would be disallowed for commerce.

Now you would have common law trademark protection by virtue of using your mark in commerce, but it would only be for the states in which you used it. Additionally a lack of a registered trademark would disallow you from seeking statutory damages under 15 U.S.C. § 1117.

評論不作進一步討論;此對話已[移至聊天](https://chat.stackexchange.com/rooms/82721/discussion-on-answer-by-tte-why-register-a-logo-as-trademark-if-copyright- protec)。
還要注意,簡單的徽標設計不能擁有版權,但是可以商標。維基百科經常使用這種原理來再現一些公司徽標而不會引起任何問題。恐怕Help-C也沒有版權。但是IANAL
“版權按原樣及其商標保護商標”,不太正確。版權保護您免受複製徽標或從徽標中獲取徽標的人們的侵害。但是,它不能保護您免受獨立於徽標而開發的相同或相似徽標的影響,而商標法可以提供這種保護。
DPenner1
2018-09-03 21:28:58 UTC
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So, what's the point to make a logo as a trademark?

The general answer is that copyright and trademarks provide different kinds of protection. Speaking very broadly, copyright protects against unauthorized copying and distribution with some fair use exceptions. Trademarks protect a mark from being used by others in a way that might confuse consumers. Additionally, copyright has limited (but long) duration, while trademarks can theoretically be protected indefinitely.

However, i'm going to spend the rest of this answer addressing some misunderstandings.

If something is too simple to create, it cannot be registered as a trademark, it's the same as how copyright works.

This is true for copyright (though a very low bar), but simple things can in fact be trademarked. Trademarks are industry specific, for example, UPS has trademarked the color brown.

Therefore, if my logo (not logotype) can be registered as a trademark, then I have the copyright of my logo.

No, trademarks and copyrights are separate processes. Copyright is in fact inherent, no registration is required (though necessary in the US to get statutory damages).

Only because trademark can be owned by a company not just a person?

At least in common law countries, both trademarks and copyright can be owned by natural persons or companies.

根據管轄區域,商標也可能是固有的。您對商標的使用可能會自動賦予您某些權利。
還值得指出的是,某人可能對公共領域的某些東西擁有商標保護。例如,“喬uc冰茶”的銷售商可以將杰弗裡·喬uc的簽名用於帶有商標保護而不是版權保護的徽標。
同樣,版權是固定期限的,而商標只要得到維護,便是永久性的。
Ian Ringrose
2018-09-04 14:15:23 UTC
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Let's look at this the other way round, say I am starting a new company I do not wish my customers to be confused by having a logo that looks like your logo. But as you are not operating in the same town as me I do not know what your logo looks like or even that you may be expanding into the town I am operating in.

By registering your trademark using a well written description of it I can search the trademark database and find your trademark and hence avoid a lot of confusion for both of our customers.

user20715
2018-09-04 15:36:53 UTC
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版權可能會阻止您的徽標未經許可而被複製,包括指向您的產品並做廣告。如果一家商店沒有在其廣告傳單中包含您的產品,那將是一個無恥的舉動,因為您會在徽標上擁有版權聲明,這對於他們來說要獲得所有產品製造商的明確許可才能使用其徽標將是一項艱鉅的工作。

換句話說,版權和商標保護著不同的事物,最特別地意味著對不同用途的許可。

還值得注意的是,特別是版權已經涵蓋了很多內容比最初設計的更多。創建版權後,計算機程序以及音樂和電影(或實際上沒有任何機械的)記錄都不存在。它們被歸類為版權的統治,隨後版權立法變得越來越具有包容性。相比之下,商標法並沒有得到那麼多的擴展,而美國對專利的擴展也涵蓋了設計和軟件方法,這在國際上從未見過。

因此,考慮版權是很自然的事情。作為適用於所有事物的工具,但特別是在您實際上想要廣泛傳播的地方,它包含的默認保護卻是喜憂參半。

這不是一個很強的理由。版權不需要“聲明”;它是自動的。假設徽標具有受版權保護的元素,那麼它們會自動獲得版權保護,並且無論如何都需要明確的許可。


該問答將自動從英語翻譯而來。原始內容可在stackexchange上找到,我們感謝它分發的cc by-sa 4.0許可。
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