A single word can apply for a trademark, but only if no one else has applied for it before. For example, the success rate of Jinjiu’s Jinpai trademark is hard to say. If the word is more artistic, its distinctiveness will also be lower. The stronger it is, the higher the success rate of applying for a registered trademark will be. It should be noted that it is impossible to apply for a patent for a single word. A patent is the shape, structure or method of a product; a single word generally does not generate copyright, unless it adopts a very unique design and is very artistic, which can generate copyright.
Methods to improve the registration success rate:
1. If there is only one word, if no one else has registered this word before, or has not registered a similar word, maybe it can be done Success, but one word is too monotonous and too simple after all, and the possibility of failing is very high.
2. If the company has technical personnel, they can artistically design a single character to make it more unique and more prominent, then its passing rate will be greatly increased, but the artistic design cannot be compared with other existing characters. The registered trademarks are similar, otherwise it will not be approved.
3. Artistry is indispensable for a single-word registered trademark to be approved. It is recommended to check the similar situation of the trademark before applying for registration. Generally speaking, it may not be possible to find out through personal inquiries. I don’t know how to check similar pictures. You can find a professional agent in this regard. Although it charges a fee, you can’t stand up to the professionalism of others. You can roughly estimate whether the registration can be successful. My friend wanted to register a pattern trademark before, so he found one. Zhonglan Intellectual Property helped me do some research. Later, people suggested changes, so I made several changes. When I registered, I passed it in one go, which is not bad. I can search a lot of such agents on 58, so I can find one by myself. That's it.
4. When registering, you must choose the category of the trademark accurately. There are about dozens of major categories of trademarks in our country, and there are many small categories. If you choose the wrong category, even if the registration is successful, you will fall short. .
5. It is possible that the registration may not be passed in the first attempt. There is still a re-examination of the trademark review. Even if it is rejected at the moment, it is not hopeless. If you raise an objection in time, it is still possible to successfully register.
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In principle, according to the relevant laws of the new "Trademark Law" that will be implemented in May 2014 It stipulates that if a registered trademark needs to change its logo, a new registration application must be submitted. In other words, when the trademark registrant uses the registered trademark, the registered trademark shall be subject to the approval of the Trademark Office. Otherwise, the local industrial and commercial administration department will order immediate correction; if the correction is not made within the time limit, the Trademark Office will cancel the registration. trademark. In some serious cases, the local industrial and commercial administrative department may determine it as counterfeiting a registered trademark and stop it, make corrections within a time limit, and issue a notice or fine; if it constitutes infringement, you will also need to bear infringement liabilities such as compensation.
However, in practice, registered trademark logos are not strictly unchangeable due to commercial market needs. According to the 2000 "Reply of the State Administration for Industry and Commerce on Issues Concerning the Use of Chinese Characters in Registered Trademarks", which mentioned some registered trademark rights holders changing their registered trademarks, we can find that slight changes in registered trademarks do not constitute " Change the registered trademark on your own." Combined with the content of "Trademark Law Understanding and Application (2nd Edition)", we also noticed that "changing a registered trademark on your own does not change the essential characteristics of the original registered trademark. The changed trademark and the original registered trademark are similar trademarks, and its legal consequences It does not directly affect whether the trademark exclusive right can be effectively protected; on the contrary, if the changed trademark is not similar to the original registered trademark, and the party still uses the changed trademark as a registered trademark, his behavior will constitute passing off a registered trademark. Behavior".
To sum up, if the subject simply changes the font of the registered trademark, but does not essentially change the registered trademark, adding the ? logo during use will not be considered as "self-change" Registered Trademark". However, from the perspective of fundamentally avoiding legal risks, it is still recommended to use registered trademarks in strict accordance with the provisions of the Trademark Law, that is, to use the logo as approved by the Trademark Office; if changes are needed, resubmit a registration application.
As for the issue of "voluntarily changing registered trademarks", there are also some well-known cases in judicial practice, namely the dispute over Johnson & Johnson's "Cai_" trademark (
The dispute over the Caile trademark The private enterprise is claiming 120 million yuan from Johnson & Johnson again). The author of the question can study and learn from it.