1. Which font used by the party does not infringe the trademark?
When companies apply for trademarks, they should use ordinary fonts that will not involve copyright disputes, such as Song fonts, Hei fonts, imitation Song fonts, official scripts, regular scripts, etc.
These fonts come with the computer when we install the system, which means that the right to use the fonts has been given to the user along with the computer and operating system, and reuse will not be considered infringement.
2. Judicial regulations on fonts
In fact, although most courts will support the claims of copyright owners, the judicial circle does not have a clear and consistent conclusion on the copyright protection of trademark fonts. . In some cases, the court held that "the fonts in the font have a certain degree of originality and meet the requirements of fine arts works stipulated in my country's Copyright Law, and can be protected as a whole; but the individual characters in the font cannot be protected as fine arts." However, in another judgment, another court held that "single words are also works of art and should be protected."
Even so, in order to avoid unnecessary disputes, it is still recommended that companies either spend some money to hire a reliable designer, or simply use fonts such as Hengti and Songti. If you receive a copyright suspension notice, you can also use a font that is significantly different from the original trademark font for trademark use. If you choose to change, it is best for the company to apply for a new trademark registration with a new trademark logo. Now come to Yipin Trademark Bureau to enjoy double registration of trademarks. Spend one time and enjoy 2 registration services, making trademark registration no longer a problem.
3. Which fonts may cause trademark infringement
We often see fonts such as Founder and Hanyi on computers, all of which are self-created fonts. In our country, font libraries are protected by law. If you want to use them, you must pay the copyright owner. If you use these fonts without saying a word when registering a trademark, and the trademark has become a certain influential trademark, then it is very likely that the other party will collect evidence, and then receive a notice from the copyright owner to go You stop using or paying for it.
When the court makes a decision, it will be based on whether the font has generated commercial value during your use. For example, if you use this font to make your brand look more beautiful, it will directly or indirectly drive considerable business benefits. At this time, the font vendor has the right to take a portion of your profits. Usually the copyright owner will negotiate privately first, and then if the other party refuses to pay, legal proceedings will be initiated.
According to legal provisions, there are two main criteria for judging whether a trademark used as a sign infringes the exclusive right of another registered trademark:
The first is to judge the goods or services for which the registered trademark is approved for use. Whether the category is the same as or similar to the goods or services used in the allegedly infringing mark. If the two are neither identical nor similar, it can be considered not to constitute infringement (except for cross-category protection of well-known trademarks);
II After the goods or services used by the two are identical or similar, it is necessary to further determine whether the two trademarks themselves are identical or similar, and whether there is a possibility of confusion, so as to determine whether there is infringement.
Based on what has been said above, trademark infringement generally involves legal liability for using someone else’s own work, but there are generally no restrictions on fonts, as long as they are common , the fonts that can be used are free of infringement disputes, and our country does not have any legal regulations for fonts.