Many friends will have this question: Can I use the black (color) trademark? The color of the registered trademark is purple. Can I change it to another color now?

From this point of view, many people still have many questions about how to use registered trademarks correctly. Today, let's look at the difference between the registration of designated color trademarks and black and white trademarks and the international trend.

1. How does the law stipulate

First of all, the Trademark Law has the following provisions on this issue:

Article 44 Where a registered trademark is used and commits any of the following acts, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit:

(1) Changing its registered trademark on its own;

(2) changing the name, address or other registered items of the registrant of a registered trademark;

(3) transferring a registered trademark by itself;

(4) it has been stopped for three consecutive years.

New Trademark Law (effective as of May 1, 214)

Article 49 Where a trademark registrant changes the registered trademark, the registrant's name, address or other registered items by himself in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office.

if a registered trademark becomes the common name of the goods approved for use by it, or it is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receiving the application. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. That is to say, according to the provisions of the Trademark Law, in the process of using a registered trademark, the trademark registrant shall not change the registered trademark by himself, otherwise the State Trademark Office will order it to make corrections within a time limit, or even revoke the registered trademark in serious cases.

here? Change the registered trademark? Naturally, it includes changing the designated color of a registered trademark. The use of a trademark must be completely consistent with the registration. If you apply for registration of a colored trademark and specify a color, you must use the color or color combination specified by the registered trademark in actual use;

while black-and-white trademarks or color trademarks that do not specify colors are regarded as unlimited colors. That is to say, if you apply for registration of a black-and-white trademark or a color trademark that does not specify a color, you can use any color in actual use.

2. Is it beneficial to apply for a black-and-white trademark or a color trademark?

At present, the practice is to apply for black-and-white trademarks in most cases, because the law mentioned in the second point stipulates that the use of trademarks must be completely consistent with registration. If you apply for registration of color trademarks, you must use the same color or color combination as the registration in actual use; Black and white trademarks are regarded as unlimited colors. Therefore, it is more flexible to apply for the registration of black-and-white trademarks by using any color in actual use.

tip: not all trademark applications have to use black and white trademarks, mainly as follows:

1. Product characteristics, such as paints and colored brushes, can better conform to product characteristics and form brand effects through the display of colored trademarks.

2. Signs or figures that have formed certain influence in the public mind: The combination of colors has become an indispensable part of the signs or figures. Suppose the unregistered but influential McDonald's yellow M logo and the image of the green Ninja Turtle.

3. One more thing, if the design of the trademark itself is too simple, the application for registration in black and white may be rejected. In this case, applying in color can increase the success rate of trademark registration.

3. Recent practice trends in Europe and America:? Bulletin on the scope of protection of black and white trademarks? What? Real use

In April p>214, the Office for Coordination of Internal Markets of the European Union (the English abbreviation? OHIM? ) posted on its official website entitled? Bulletin on the scope of protection of black and white trademarks? News announcement.

according to the topic we are talking about this time, I only want to talk about one point, namely? The real use of trademarks? Make a communication with everyone.

in order to achieve the above-mentioned * * * practice, the participating intellectual property offices have conducted in-depth analysis on the following three important issues for dealing with black-and-white trademarks, one of which is:

If the registered trademark is black-and-white/gray and the color version of the trademark is used (or vice versa), can it constitute a trademark right? Real use?

*** Same practice

As long as the following requirements are met, only changing the color will not affect the distinctive features of the trademark:

1. The text/graphic elements overlap, and the above elements are the main distinctive elements;

2. The tone contrast is consistent;

3. Color or color combination itself does not have obvious characteristics;

4. Color is not the main factor affecting the overall distinctiveness of a trademark.

as to whether it constitutes real use, the judgment principle applicable to black and white trademarks also applies to gray trademarks. The new practice seems to be clear. A black-and-white trademark registered for more than five years may now face a greater risk of being revoked, because if the trademark is used in color, it will not be recognized as the use of the (black-and-white) trademark.

China's legal basis: the new Trademark Law clearly stipulates that? If it is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. ? The revocation decision of the Trademark Office should also be made within 9 months, which can be extended for 6 months under special circumstances, and the application for trademark registration identical with or similar to the trademark shall not be approved within one year.

at present, it is a better choice to apply for a black-and-white trademark in terms of protection or actual use if there are no special circumstances mentioned above for registered trademarks in China.