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What influence do fonts, colors and graphics in trademarks have on future use?
◆ font changes

China's characters are rich and colorful, with various writing styles, such as lines, cursive script, official script, capital script, etc. The appearance of the same character, simplified script and complicated script is far from each other. Therefore, it is a consistent principle in trademark management that you should use whatever font you register. However, some trademark registrants rewrite the registered words for aesthetic reasons, such as rewriting the registered printed words into regular script words, etc. In trademark management, the exclusive right to use word mark can generally be maintained. However, it is better for the trademark registrant to re-register the trademark in the actual font form.

Some people think that registered printed words, especially printed words in letter form, can be expressed in writing in use, and font changes in this letter form are not only allowed, but also protected in many ways. That is to say, if printed words are registered, others will be punished as long as they are the same as printed letters.

actually, this is not appropriate. On the one hand, the same letter can form a very different appearance image because of its different writing methods; On the other hand, different letters, due to different writing styles, will be considered as the same letters. Therefore, we must adhere to the principle of "protecting the exclusive right to use a trademark is limited to the registered trademark", and the protection scope of standard printed characters without originality is smaller than that of other writing styles in terms of whether the characters are similar or not, so it is better for trademark registrants to register word mark with their own style to show the distinctiveness of the trademark from the writing form.

◆ Color changes of trademarks

Generally speaking, registered trademarks are mostly black and white ink drafts, and only trademark registrants can add colors to registered trademarks in actual use.

for special graphics matched by the use of colors, trademark registrants often specify color registration when applying for trademark registration. Others use this color matching on the same or similar goods, which will cause visual similarity, so as to determine the content and scope of exclusive right protection by specifying the color, and achieve the purpose of registration.

but it should be noted that some colors cannot be protected by exclusive rights.

For example, mints are usually backed with green;

Strawberry-flavored foods use pink or pink as the backing;

Trade names, especially wine names, are decorated with bronzing colors.

Another example is that some commodity colors are composed of transition colors; Light yellow, dark yellow, light green, dark green to blue, black, etc., the color changes from shallow to deep, there is no dividing line during the period, and it cannot be divided into different color blocks.

therefore, in the process of registration and use, the use of colors often produces unexpected changes, which deserves careful attention.

the following colors are used without changing the original pattern

(1) adding the same color to the original registered trademark.

(2) The contents of the original registered trademark are different objects, and different colors are added, such as the borders of characters, patterns and trademark patterns, and the background is different colors, etc.

(3) the original registered trademark is decorated with transitional colors without color division, such as the change of color depth from bottom to top or from left to right.

The use of the following colors belongs to the change of the trademark pattern

(1) The color added to the original registered trademark forms a special pattern that can exist independently, such as a white circle on a red background or a white sailboat shadow.

(2) The original registered trademark pattern is divided into two completely different parts by color, which loses the overall visual image effect of the original registered trademark pattern, such as the effect that "Gunshan" trademark is easy to form an island if it is not well used.

the principle of mastering the color change or not should be: the actually used trademark pattern after adding color is only black and white and color, and there is no substantive difference between it and the registered trademark pattern (black and white ink draft).

◆ Changes in the word and graphic structure of trademarks

It should be argued that an enterprise should use different trademarks for different product types in addition to a general trademark representing the overall image of the enterprise, so that consumers can realize the production scale of the overall image of the enterprise through the use of trademarks, that is, from new products with different trademarks to the market, they can increase their understanding of the development potential of the enterprise and establish confidence in the products of the enterprise.

when applying for registered trademarks, some enterprises have considered the importance of reserving trademarks, and after designing satisfactory trademarks, they all register their trademarks in time, or register them to prevent others from registering trademarks identical or similar to their own trademarks, and so on. These practices are very beneficial to protect the registrant's own trademark exclusive right in time. However, it should be noted that when using these registered trademarks, the graphics of individual registered trademarks should not be changed because of the different locations of the registered trademarks, so that the purpose of protecting the exclusive right of registered trademarks can not be achieved.

Therefore, when trademark registrants use multiple registered trademarks on a single commodity, they should pay attention to the following:

(1) When English and its corresponding Chinese trademarks are registered separately, they should be separated and independent, and should not overlap to produce new visual effects.

(2) after the combination trademark of the text in the graphic is registered, the text cannot be detached from the graphic, or the text can be enlarged to cover the graphic.

(3) When adding words to a registered graphic trademark, the words should not be placed in the graphic or integrated with the registered graphic, but should be placed outside the graphic trademark, and the words themselves become a whole. In this case, the trademark user should be guided to re-register the words as a word mark.

according to the law, the name, raw materials, functions and uses of goods are not allowed to be registered; The trademark registrant has deleted this part when applying for trademark registration, otherwise it will not be registered. However, it will appear on the trademark logo in actual use, which is very wrong, and it will make the trademark user not protected by law. This part of the content can appear on the trademark label, but it should not usurp the host's role, let alone change the overall structure of the original registered trademark; Otherwise, the scope of protection of the exclusive right to register will be greatly reduced.