The difference between a logo and a trademark is not always clear. In common parlance, one often runs the risk of using the two terms as synonyms, but in reality, they present differences, especially in relation to the type of protection one wishes to grant a Brand.
When a new company is born as a legal entity (S.r.l., S.p.A., or simply a natural person with a VAT number), a trademark or a logo is also born which, together with other elements, constitutes the communication code of the brand—that which we ultimately perceive.
Details make perfection, and perfection is not a detail
(Leonardo da Vinci)
The success of a company necessarily passes through attention to detail. It is therefore important to have a good understanding of the characteristics of one's own communication code.
In fact, the terms are often used improperly as if they were synonyms; however, there are major differences between a logo and a trademark, which is why the registration process is also different for each of them.
Difference between logo and trademark: what is a logo?
"Logo" is the abbreviation of the term logotype (from the Greek logos, word, and typos, mark/type). The logotype is the graphic sign.
From a legal point of view, the logo is one of the elements that can be registered. In advertising, however, it is one of the elements that make up the Brand Identity.
- The main components of Brand Identity are: the name, which is also the most important element because it is the easiest to memorize.
- The payoff (slogan), the short phrase that accompanies the name and serves to communicate the values of the Brand ("Just Do It", "Impossible is nothing", "La cucina più amata dagli italiani" are examples of payoffs).
- The logotype (from the Greek λόγος – logos meaning "word" and τύπος – typos meaning "letter") is a sign characterized by specific graphics (lettering) that we can pronounce: it is therefore the graphic transposition of the name.
- The pictogram, on the other hand, is a symbol that cannot be read or pronounced, such as the Nike swoosh or the Mercedes three-pointed star.
A "logo" can therefore be a simple logotype or a more complex sign, composed of a pictogram and a logotype, or a logotype and a payoff. In reality, further classifications exist, but for the sake of simplicity, we will stop here.
Difference between logo and trademark: what is a Marchio?
The law states that a marchio (trademark) is a sign formed by visual and textual elements used to identify a company, its products, or services, with the aim of making them immediately recognizable and distinguishing them from the competition. It is therefore a fundamental element for building the corporate image.
Example: analyzing Apple, it is possible to note that the apple symbol is the pictogram, while the word Apple with that specific font (lettering) is the logo. The associated pictogram and font constitute the Apple trademark which, united with the set of values the company transmits, constitute the marca or brand.
The marca (brand) is a more complex, abstract, and intangible concept.
In the marketing world, it is common to say that the brand is in the mind of the consumer. The brand is a large container: it contains the distinctive aspects of visual communication (starting specifically from the logo) but also the history of the company, the customer experience, the level of awareness, its online reputation, the results of all advertising campaigns, the expectations of potential buyers, the positioning, and all values perceived by consumers and stakeholders in general.
According to the American Marketing Association, a brand is "a name, term, sign, symbol, or design, or a combination of them which is intended to identify the goods or services of one seller or group of sellers and to differentiate them from those of competitors". In reality, the brand is a concept that not only identifies a company but evokes something in each of us. The brand puts us in a relationship with the company.
One need only consider that when we buy an Apple product, for example, we are not simply buying an object with the bitten apple trademark, but we are also buying the values associated with the brand: high technology, ease of use, trendy design.
When talking about brands, one generally thinks of something very concrete, such as a trademark or a logo. In reality, these are nothing more than its visual representations, serving to make it identifiable and recognizable.
There is no doubt that the most powerful means to defend one's trademark, protect it from improper use and counterfeiting attempts, is registration. Depending on the company's business objectives, this can be limited to Italy (via the UIBM - Ufficio Italiano Brevetti e Marchi; Italian Patent and Trademark Office) or the European Union (European Union Trade Mark), or it can be extended simultaneously to many states (among those adhering to the so-called International Trademark system) or cover only specific foreign countries (national foreign trademark).
Furthermore, registration can involve many types of "signs". Therefore, not only words can be registered, but also drawings, letters, numbers, sounds, product shapes, colors, or combinations of colors—except for smells, which cannot be represented objectively.
Which trademarks are registrable?
Depending on what one wishes to protect, trademarks can be distinguished into:
- Word marks
- Figurative marks
- Figurative marks containing word elements
- Shape marks
- Shape marks containing word elements
- Position marks
- Pattern marks
- Single color marks
- Color marks consisting of regular combinations of colors
- Sound marks
- Motion marks
- Multimedia marks
- Hologram marks
What are the differences between trademark and logo
According to the law, (almost) everything is potentially a trademark and there is no distinction between a trademark and a logo: every element of Brand Identity is potentially a registrable trademark and therefore individually protectable.
The name is a word mark, as is the payoff; the pictogram is a figurative mark, while the logotype could be a figurative mark containing word elements.
The choice of which element to protect depends on one's business objectives.
Differences between logo and trademark: errors to avoid in registration
It often happens that, once the "logo" is created—most often composed of a logotype, pictogram, and payoff—it is filed independently at the Chamber of Commerce as a "single trademark," in the belief that this protects all three elements in one fell swoop and prevents others from using them.
In reality, in this way one "dilutes the protection," which does not cover each element individually, but only when combined together with the others.
In other words, by registering a single trademark composed of three elements (e.g., logotype, pictogram, and payoff), the protection of each individual element is rendered less effective.
This is because one will only be able to defend the Brand against those using the registered name or potentially in combination with similar terms.
Meanwhile, one might not be able to defend the Brand against competing companies that, while using a different name, have a logo or payoff very similar to the one registered.
Therefore, if the objective is to protect every element of one's brand, the best solution is to register each one separately.
In conclusion
Given that every trademark represents a case unto itself, our advice is to avoid "do-it-yourself" registrations, because only a qualified and experienced professional can advise on the best strategy to optimally protect your Brand.