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What are the characteristics of color trademarks?

Color trademarks are divided into monochrome trademarks and color combination trademarks. At present, there are few countries and regions that protect monochrome trademarks, such as the United States, Germany, Italy and South Korea.

Paragraph 1 of Article 15 of the p>TRIPS Agreement stipulates that any mark or combination of marks that can distinguish the goods or services of an enterprise from those of other enterprises shall constitute a trademark. Such marks, especially the combination of letters, numbers, graphic elements and colors of words (including names), and any combination of the above contents, should be able to be registered as trademarks. Even if some marks could not distinguish the relevant goods or services; Members can also confirm whether they can be registered according to the identification they have obtained through use. Can members ask for? Should the mark be visually perceptible? As a condition of registration.

From the above provisions, it can be seen that the protection of color combination trademarks is the minimum requirement of the Agreement on Trade-related Aspects of Intellectual Property Rights. Article 8 of China's trademark law stipulates? Color combination? Can apply for registration as a trademark. A color combination trademark refers to a trademark that combines two or more kinds of TINT through a specific intention or order. The protection of color combination trademarks is limited to the combination itself submitted for registration, such as? The color of Kodak? . The colors selected by the color combination trademark must be specifically limited; Provide color samples, which can't be generally described as? Blue and orange? . A trademark composed of words, patterns and colors is not a color combination trademark, but a general combination trademark.

restrictions on registration conditions of color combination trademarks

1. Color combination trademarks should be legal;

2. Color combination trademarks should have distinctive features;

3. Color combination trademarks should not be functional;

4. Color combination trademarks shall not conflict with other people's legal prior rights.

the difference between a color trademark and a designated color trademark

First of all, a color combination trademark is not limited to a specific shape, but a designated color trademark must have a fixed shape:

For example, a color combination trademark composed of white and blue colors of "Colgate" toothpaste, what shape the toothpaste is extruded, and what shape the color combination trademark is, while the shape of the designated color trademark is fixed.

Secondly, the significance of color combination trademark lies in color, while the significance of designated color combination trademark lies in the combination of figure and color;

Thirdly, a color combination trademark with only one color lacks distinctiveness, and a designated color trademark with only one color does not lack distinctiveness. A designated color trademark can be composed of many colors, but if it is composed of too many colors, it may be too complicated to register.

note: when applying for registration, a trademark has a requirement, that is, whether to specify a color and what color is specified. If a trademark specifies a color, it means that only the specified color can be used in future trademark use, and no other colors can be used. If no color is specified, there will be no restrictions on the use of colors in the future. Therefore, it is suggested that trademark applicants generally do not specify colors.