Legal elements of trademark design
Legal elements of trademark design include the following aspects:
(1) The composition of the trademark.
The laws of various countries have different provisions on what constitutes a trademark. As stipulated by the CIS countries, trademark components can be words, graphics, solids, combinations or other forms. The US Trademark Law stipulates that any literature, symbols or logos, or combinations of such things, can be used as trademark components. .
As trademark competition becomes more and more fierce, some foreign manufacturers are trying every means to be innovative and innovative in trademark design to attract customers. They have launched scent trademarks and audio trademarks. Electronic data trademarks, transmission trademarks, etc. The trademark law of some countries such as Romania has stipulated that color, product shape or its packaging, sound, etc. can be used as statutory trademark components. However, the vast majority of countries have not implemented legal protection for the above forms of trademarks.
China’s Trademark Law stipulates that a trademark should consist of words, graphics or a combination thereof. In addition, other forms cannot be used as elements of a Chinese trademark.
(2) Distinctive features of the trademark.
The uniqueness or recognizability of a trademark is its distinctive feature. Whether it is text, graphics, or a combination of text and graphics, it must be novel in concept, unique in style, and distinctive enough to be comparable to other similar trademarks. Distinguishing characteristics.
(3) The color of the trademark.
The color of a trademark has a significance that cannot be ignored. Color is not a legal component of a trademark and generally cannot be independently used as a component of a trademark. However, color is an integral part of a trademark and is one of the important signs that distinguish one kind of trademark from other types of business.
If the color of a trademark needs to be changed after registration, it will be regarded as a change of trademark graphics and must be re-registered. Since trademark color is of great significance to improving the efficiency of advertising, many well-known trademarks have designated colors when registering.
(4) Trademark text and graphics Some texts and graphics are prohibited from being used as trademarks. Countries have different regulations on prohibited trademarks, so attention should be paid to the differences.
Due to different customs, social and cultural backgrounds in different countries, some trademarks that are commonly used or loved by consumers in one country may not be suitable for use in other countries. In terms of trademark design, an international norm seems to have been formed, that is, when selecting the text, graphics and colors of a trademark, avoid using things that are banned in the country of sale or taboo to consumers.
For example, the flag of Sweden is blue, and the country prohibits blue as a trademark. If blue is used as a trademark, it will be considered disrespectful to their country, and naturally it will be difficult to be approved for registration: Taboo in Arab countries Yellow, the French believe that spades are a symbol of the dead. Trademarks using this graphic will not be allowed to be registered. The Italians regard the chrysanthemum as the national flower.
The Japanese regard the chrysanthemum as a symbol of the royal family. They do not accept the use of chrysanthemum words and graphics as registered trademarks. Latin American countries regard chrysanthemum as a demonic flower and do not allow the registration of trademarks with chrysanthemum graphics: Australia prohibits the use of rabbit graphics as trademarks, and Western countries prohibit the use of black cat graphics as trademarks: India and Arab countries prohibit the use of pig graphics as trademarks. Symbols that violate Islamic traditions and teachings are not allowed to be used in trademarks in Islamic countries. English and British countries use elephant graphics as trademarks, which are banned. Local residents think that elephants are big and useless. They are worried that consumers will not welcome them. These countries of agents are afraid to buy Chinese White Elephant batteries: roses are used as memorial objects in India and some European countries and cannot be used as trademarks; panda graphics are taboo in some African countries; Arab countries and countries and regions that believe in Islam are not allowed to use similar products The hexagonal pattern of the Israeli flag is used as a trademark for imported goods. The snowflake graphic is a hexagon and cannot be used as a trademark. The British use goats as a metaphor for unruly men. The goat-brand alarm clocks exported from China are certainly not popular with the country's consumers: the Chinese pinyin for the cosmetic Fangfang is Fang, which means snake fangs or wolf fangs in English. It makes people feel unpleasant; in English, Cock means obscene, and Cock is used as a trademark. Bad impact.
The triangle is an internationally recognized warning sign. The Czechs use a red triangle as a symbol of poison; in Turkey, a green triangle represents free samples. This graphic should also be used with caution.
(5) The name of the trademark.
Many countries ban geographical names as trademarks because geographical names are often considered to lack distinctive features.
(6) Copyright protection of trademarks.
The protection of trademarks includes the protection of trademark rights with property significance and the protection of trademark rights closely related to the identity of a specific person. The copyright protection of trademarks is the protection of personal rights.