Portrait trademark is a trademark applied for registration by the applicant using the personal portrait as a graphic element. It is a graphic trademark. As more and more ordinary trademarks are registered in the Trademark Office, the Trademark Office's review is gradually becoming stricter, and the possibility of trademark registration being approved becomes smaller. The portrait trademark is undoubtedly a new way to register a trademark. If nothing else, the distinctiveness of the trademark is already there.
When using a portrait trademark as a trademark, what requirements should companies pay attention to? We can elaborate on it in three aspects.
The first is to use your own image as a trademark. This method is the most common way to register a portrait trademark. The owner or operator of the enterprise uses his or her portrait as a trademark or applies for registration. Since the image of a person is usually unique, it is necessary to use his or her portrait as a trademark. , generally not identical or similar to other people’s trademarks, can first eliminate one of the major reasons for trademark rejection.
The second is to use someone else’s portrait as a trademark. This method is not particularly free compared to the previous one, because before using another person's portrait, you must obtain the other person's consent or authorization, and a portrait authorization letter must be signed and notarized. Only after completing a series of procedures can you register someone else's portrait as a trademark.
The third type is the copyright of trademarks and portraits. Since portraits are usually photography or painting works, when an object is created, a copyright is formed. According to the provisions of the Copyright Law, the creator of the portrait (photographer or painter) enjoys the copyright of the portrait work. Under copyright, the holder of the portrait right shall not infringe the copyright of the creator when using the portrait work, and the copyright owner shall not infringe the portrait right of the holder of the portrait right when exercising the copyright.
Therefore, when using one's own or other people's portrait as a trademark, one should pay attention to the ownership of the portrait copyright. If the portrait right holder and the copyright owner belong to the same party, it is enough to obtain the consent of the portrait right holder, and if the portrait right owner If the copyright belongs to different subjects (persons), the consent of both the portrait right holder and the copyright holder must be obtained. If only one of the consent is obtained, it may constitute an infringement of third rights.
Thus, using a portrait as a trademark is both an opportunity and a challenge for enterprises. If you are well prepared in the early stage, you will be relatively comfortable when registering a portrait trademark. If you do not pay attention to the precautions in the early stage, then when registering Many problems will arise, resulting in delays in registering corporate portrait trademarks.