Software is a collection of computer data and instructions organized in a specific order. Generally speaking, software is divided into system software, application software and middleware between the two. Different companies have different ideas for software development, but their trademark forms are different. So what category should a software development trademark be classified into?
Through the query in the Trademark Encyclopedia, we can know that the category of the software development trademark involves Category 9-0901-Electronic computers and their peripheral equipment-Virtual reality game software 0901, Music composition software 0901, Credit Screening software 0901, etc.; and Class 42 - 4220 - Computer programming and related services - Driver and operating system software development 4220, Consulting services in software development and quality improvement 4220.
Guangdong trademarks have different views on the form of registration. Because sometimes trademarks are words and sometimes patterns, but more often they appear in the form of "words and patterns", which is what we usually call a combination trademark. So the question arises, is it good for companies to register combined trademarks together or to register them separately? A comparison can be made between the two.
In terms of passing rate, word trademarks are actually easier to pass, because it is easier to judge when word trademarks appear similar. Graphics are difficult to retrieve and can only be identified with the naked eye. There may be no approximation when judging by yourself, but subjectivity exists, so the examiner may feel that it is approximation. Therefore, the combined application rejection rate is higher, and separate registration is more beneficial to the enterprise.
In addition, the combination trademark is inconvenient to use later. After the combination trademark is approved, it can only be used as it was applied for. The format is fixed. If words or graphics are used alone, there is a risk of infringement. However, this will not happen if you register separately. Enterprises can use them individually or in combination. In commercial activities, they can choose how to use them according to actual requirements.
There is also the issue of cost. Although a combined application only requires the fee for one trademark, and separate registration may seem to cost more, a combined application carries higher risks and is more likely to be rejected. Later, you will have to use the fee to apply again. If you want to use a certain part later, you will have to spend money to apply for a new trademark. From this point of view, it is obvious that trademarks registered separately have more advantages and are more flexible in use.
Therefore, when registering a combined trademark, it is clear whether it should be registered separately or combined together. In most cases, it is more advantageous to register separately, unless the company is sure that it will not use the combined trademark in the future. If used separately, it is actually possible to register a combined trademark, and because the combination itself increases the distinctiveness, the success rate may be increased.