A trademark can only have one pattern, which can be specified in color or changed without specifying it. No font specified. According to the first paragraph of Article 44 of the Trademark Law, if a trademark registrant changes the words, figures or their combinations of his registered trademark by himself, it is an act of changing the registered trademark without authorization.
Adding a registration mark to a trademark that has not been approved for registration is an act of counterfeiting a registered trademark, including using the trademark and adding a registration mark to other goods beyond the scope of goods approved for use by the registered trademark. Then, how to grasp and distinguish the relationship and boundary between "changing the words, graphics or their combinations of registered trademarks by oneself" and "counterfeiting registered trademarks"? This needs to be determined according to specific trademark cases, but the basic principle is to make regional or minor changes to the registered trademark (such as changing the font of the text part of the trademark, or making some changes or additions or deletions to the graphic part without changing the graphic subject, etc.). ) is the behavior described in Item 1 of Article 44 of the Trademark Law;
However, if the main part of a registered trademark (including words and graphics) has undergone major or fundamental changes, it shall be regarded as a new trademark. If a trademark is marked with a registration mark before registration, it is an act of counterfeiting a registered trademark and will be investigated and dealt with by the industrial and commercial department. So you have to re-apply for registration.
Can the color of the trademark be changed? Please see if there is any color requirement on his trademark registration certificate. If not, you can use other colors at will, but you can't change them to other fonts ~ otherwise it is not standardized to use ~ not protected by trademark law ~ for reference only.
Can a trademark be modified by itself after registration? According to the first paragraph of Article 30 of the Trademark Law, if a trademark registrant changes words, figures or their combinations, it is an act of changing a registered trademark without authorization. The current Trademark Law and the Detailed Rules for the Implementation of the Trademark Law set three kinds of legal responsibilities for the registrant's illegal acts of changing words, figures or their combinations without authorization:
(a) the change of a trademark does not change the essential characteristics of the original registered trademark, and the change of a trademark is similar to the original registered trademark, which belongs to the act of changing the registered trademark by itself, and the administrative department for industry and commerce shall order the trademark registrant to make corrections within a time limit according to Article 28 of the Detailed Rules for the Implementation of the Trademark Law; If it refuses to make corrections, the administrative department for industry and commerce where the trademark registrant is located shall report to the Trademark Office to cancel its registered trademark.
(2) If the registrant changes the essential characteristics of the original registered trademark in the actual use process, the changed trademark and the original registered trademark no longer belong to the category of similar trademarks. If the parties mark the changed trademark with a registration mark and still use it as a registered trademark, it is bound to falsely publicize the scope of the exclusive right to use the trademark to others, disrupting the order of trademark management, and this behavior constitutes an act of counterfeiting a registered trademark. According to the provisions of Article 32 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce shall prohibit it from advertising, seal up or just confiscate its trademark logo, order it to make corrections within a time limit, and may notify it according to the circumstances and impose a fine of less than 20% of its illegal business.
(3) If the changed trademark is identical with or similar to the registered trademark of another person on the same kind of goods and services or similar goods and services, which constitutes an act of infringement of the exclusive right to use a registered trademark of another person, the administrative department for industry and commerce shall, in accordance with Article 43 of the Detailed Rules for the Implementation of the Trademark Law, order the infringer to immediately stop selling, confiscate the trademark logo infringing on Maimang and eliminate the infringing trademark on the existing goods. The molds, printing plates and other criminal tools directly used for trademark infringement shall be confiscated, and a fine of less than 50% of the illegal business amount or less than 5 times of the profit from infringement shall be imposed according to the circumstances, and a fine of less than 1 10,000 yuan shall be imposed on the person directly responsible for infringing the exclusive right of others to register a trademark. It can be seen that changing the words, graphics or their combinations of registered trademarks on their own has violated the relevant regulations. If the trademark is modified to be similar to or even the same as other trademarks, it will even cause trademark infringement.
Can the font of the trademark be changed? What should I do if I want to change it? 1. If I want to change the design, font or shape of a trademark when I use it, I need to submit a new trademark registration application to the State Trademark Office.
Article 24 of the Trademark Law stipulates that if a registered trademark needs to change its logo, a new application for registration shall be filed.
If you don't reapply and use a new trademark sample as a registered trademark, you will face the following situations.
Article 49 of the Trademark Law stipulates that if a trademark registrant changes the registered trademark, the registrant's name, address or other registered items during the use of 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.
The colors of the trademarks are different. Are they two trademarks? If the original trademark does not specify a color, then this color can be two trademarks; The same trademark name can also be registered successfully if the category and commodity name are different.
Can only the Trademark Office find the graphic of the trademark? You can look it up, just look it up according to the graphic elements, and learn to disassemble the graphics. But I remind you that because graphics are artificially tried, everyone has different views on graphics, not to mention the examiner of the Trademark Office. If the graphics are simple, square and round, it is risky. Try not to register some patterns that often appear in daily life. To be clear, even if it was checked, it would be useless, and then the examiner said it.
What's the difference between a color trademark and a designated color trademark? First of all, color combination trademarks are not limited to specific shapes? ,? And the specified color trademark must have a fixed shape. Secondly, the meaning of TINT trademark lies in color, while the meaning of designating TINT trademark lies in the combination of graphics and color.
Third, the color combination trademark with only one color lacks distinctiveness. A designated color trademark can be composed of multiple colors, but if it is composed of too many colors, it may be too complicated to register.
A trademark is a distinctive sign composed of characters, graphics, letters, numbers, three-dimensional signs, sounds, colors or the combination of the above elements used by commodity producers and operators in their production, manufacturing, processing, selection and distribution of commodities or services provided by service providers. It is the product of modern economy. In the commercial field, trademarks include words, graphics and colors.
The color of polo clothing trademark is not available, but it is fake if it is available.
As the trademark owner, can I modify the font of the trademark at will? Yes, as long as it is not a graphic trademark, the font can be modified at will.