Examination procedure of application for registration of color combination trademark
according to the trademark examination standard, a color combination trademark refers to a trademark composed of two or more colors. The examination of the application for registration of color combination trademarks can be divided into formal examination and substantive examination, in which the substantive examination includes the examination of the distinctive features of color combination trademarks and the examination of the identity and similarity of color combination trademarks. In addition, it should be noted that three-dimensional trademarks shall also not violate the provisions of Article 1 of the Trademark Law prohibiting the use of trademarks. First, the formal examination mainly examines whether the application for color combination trademark and the color pattern to be submitted are in compliance with the provisions in the application. Ii. substantive examination (1) examination of the distinctive features of the color combination trademark. If the color combination trademark only specifies the natural color of the commodity, the commodity itself or the packaging and the common or commonly used color in the service place, and the applicant only makes a written description of the color combination without submitting a color pattern, it is judged as lacking in distinctive features. (II) Examination of the identity and similarity of color combination trademarks The examination of the identity and similarity of color combination trademarks includes the examination of the identity and similarity between color combination trademarks and between color combination trademarks and plane trademarks and three-dimensional trademarks. 1. Examination of the Identity and Similarity between Color Combination Trademarks Both trademarks are color combination trademarks. If the colors and arrangement of their combinations are the same or similar, it is easy for the relevant public to misunderstand the source of goods or services, they are judged to be identical or similar trademarks. However, unless the colors used in trademarks are different, or although the colors used are the same or similar, the arrangement and combination methods are different, which will not mislead the relevant public about the source of goods or services. 2. Examination of the color combination trademark being the same as or similar to the plane trademark or the three-dimensional trademark. If the color combination trademark is the same as or similar to the designated color of the graphic or three-dimensional trademark of the plane trademark, it is easy for the relevant public to misunderstand the source of the goods or services, and it is judged to be the same or similar trademark. Although the colors used are the same or similar, except for the fact that the overall effect is quite different, it will not make the relevant public misunderstand the source of goods or services. trade mark registration