In addition to having exclusive rights to trademarks and safeguarding their own legitimate rights and interests, when an enterprise registers a trademark, it can also build its own brand and make its products stand out among many products. Generally, graphics or text will be selected for trademark registration. , or a combination of the two, how to choose the color? Should I choose black or colored? Let’s talk about the difference between the two.
According to the provisions of Article 13 of my country's "Regulations for the Implementation of the Trademark Law", if you apply for trademark registration with a color combination or colored pattern, you must submit the colored pattern and a black and white draft; if you do not specify a color, you must Submit black and white drawings. The trademark image should be clear and easy to paste. It should be printed on smooth and durable paper or replaced with a photo. The length and width should be no more than 10 cm and no less than 5 cm. If you apply for trademark registration with a three-dimensional mark, you should make a statement in the application, explain how the trademark is used, and submit a drawing that can determine the three-dimensional shape. The submitted trademark drawing should include at least three views. If applying for trademark registration based on a color combination, a statement must be made in the application form to explain how the trademark is used.
In addition, Article 49 of the Trademark Law stipulates that if a trademark registrant changes the registered trademark, the registrant’s name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administration shall The administrative department shall order corrections within a time limit; if corrections are not made within the time limit, the Trademark Office shall revoke the registered trademark.
In other words, when a trademark is registered, it is a black and white trademark or a color trademark without a specified color. The color can be changed arbitrarily during actual use. It is more flexible and can create more opportunities for corporate promotion. Most trademark registrations in my country are in black and white.
However, it should be noted that not all trademarks are acceptable. For example, the design of the trademark itself is already very simple, and registration in black and white is easily rejected; or depending on the product characteristics, color is required to be more consistent, such as Pigments; or colors that have become iconic among the public, such as golden McDonald's.
To sum up, in the process of trademark registration, enterprises cannot forcefully register black trademarks because black and white trademarks are more flexible in actual use. The editor of Bajie Intellectual Property Network still recommends It is necessary to consider the specific situation of the enterprise itself, so as to analyze and choose which color is more suitable for the enterprise to register a trademark.