Color combination trademarks refer to “trademarks composed of two or more colors.” It is a newly added content in the new Trademark Law that color combinations can be registered as trademarks separately as trademark elements. Applying for trademark registration based on color combinations is permitted by law.
1. Relevant regulations for applying for trademark registration based on color combinations
Article 13 of the 2002 "Regulations on the Implementation of the Trademark Law" stipulates that "If you apply for a registered trademark based on a color combination, you must A statement shall be made in the application form and a written explanation shall be submitted.”
Article 13 of the 2014 Trademark Law Implementation Regulations has been revised and stipulates that “if a combination of colors is applied for trademark registration, a statement shall be made in the application form.” , explain how the trademark is used.
Part 5 of the "Trademark Examination and Trial Standards" "Examination of Color Combination Trademarks" stipulates that "when applying for registration of a color combination trademark, the applicant shall make a statement in the application form. . If there is no declaration, even if the applicant submits a color drawing, the color combination trademark will not be examined. Applicants should submit clear color drawings with the chromatogram number indicated. ”
2. Characteristics of color combination trademarks
1) The trademark must be composed of two or more colors.
2) Two colors They must be arranged in a certain order.
3) The color combination trademark does not limit the specific shape. Its shape generally varies with the shape of the product itself. For example, the bronze color and color of the "Duracell" battery. The black color combination trademark consists of two colors, arranged in the order of bronze anode and black cathode. This color group covers the entire battery, and its shape is determined by the shape of the battery
3. , Application requirements for color combination trademarks
To apply for trademark registration with color combinations, three basic requirements must be met:
1) Declaration in the application and submission of text description;
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2) Submit clear color drawings and indicate the chromatogram number;
3) Explain how the trademark is used.
4. Cases in which color combination trademarks are not allowed to be registered<. /p>
1) Application for registration of a color combination trademark for identical or similar goods that is identical or similar to a color combination trademark already registered by others will not be registered;
2) Applications for registration of color combination trademarks for identical or dissimilar goods that are identical or similar to well-known color combination trademarks already registered in China will not be registered;
3) Color combinations applied for registration. The trademark does not comply with the provisions of Article 10, Paragraph 1 of the Trademark Law and shall not be registered;
4) Apply for registration of a color combination trademark with words, graphics, and numbers that have been registered by others. If the trademark is identical or similar and is likely to cause confusion, it shall not be registered;
5) Other circumstances in which it shall not be registered.