What if the trademark of your design cannot be registered?

If a company designs its own logo, it needs to apply for a registered trademark if it wants to obtain the exclusive right to use a specific product.

The company only owns the copyright of the graphic when it designs the logo, and this right can only prevent others from using the same graphic as ours for commercial purposes, but it cannot prevent others from using a trademark similar to the graphic. Therefore, it is still necessary to obtain the exclusive right to use a trademark by applying for a registered trademark.

The following are the definitions of copyright and trademark rights:

Copyright, or copyright, refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic, and scientific works over their works. Copyright is a type of intellectual property that consists of works in the natural sciences, social sciences, and literature, drama, painting, sculpture, photography, and cinematography.

Trademark right, i.e., the exclusive right to use a trademark, refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law in accordance with the law. The trademark registrant has the right to dispose of its registered trademark in accordance with the law and prohibit others from infringing it, including the trademark registrant's exclusive right to use, the right to benefit, the right to dispose of, the right to renew and the right to prohibit others from infringing on the registered trademark. A trademark is a commercial sign used to distinguish goods and services from different **, which is composed of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds or a combination of the above elements.

Hello, you can modify the registration.

Legal Analysis: Yes. As long as the logo of the trademark applied for registration has distinctive features, is easy to identify, and does not conflict with the legal rights of others obtained earlier, the trademark registration application documents can be submitted to the Trademark Office.

Legal basis: Trademark Law of the People's Republic of China

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Article 11 The following signs shall not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 32 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

What are the issues to be paid attention to in trademark design registration? A unique trademark can not only make the goods stand out in the market, but also leave a deep impression on consumers, in view of this, many companies do not hesitate to spend a lot of money to design a unique trademark that is different from other enterprises, and the quality of the trademark design will have a certain impact on brand promotion.

1. The form of the trademark design.

The formal design of the trademark must be concise and clear, distinctive and recognizable, which can not only leave a deep impression on the user, but also be easy to remember.

2. Reasonable use of fonts.

A registered trademark can be a font or a figurative, and if you decide to use a word mark, you should try to use a font that is free and commercially available when choosing a font. Failure to do so may result in font infringement.

3. Color selection of trademarks.

When choosing the color of the trademark, be sure to choose the color that matches the corporate brand, so that you can effectively distinguish your own trademark from other people's trademarks through the color. Be careful not to use more than three colors in a trademark.

4. The graphic trademark design should be original.

When designing a figurative trademark, uniqueness and innovation are the most important considerations, and an impressive pattern must have its own uniqueness.

In addition, be sure to choose a reliable professional designer, some designers directly make the hail template, the similarity is too high and easy to be rejected. So be sure to find a professional designer for the original design.

5. Trademark design should consider internationalization.

The design of the trademark should generally conform to the consumer psychology and habits of the target market, and conform to the local social and cultural conditions, religion and preferences. For example, the French do not like "spades", Sweden cannot use the blue trademark, etc.

6. Extensibility should be considered in trademark design.

Trademark design should have a strategic vision, consider the long-term development of the enterprise, and should be a far-sighted system engineering. For example, Changhong Haier and others consider that it should adapt to a broader business scope and play the role of a general trademark in the future.

7. The trademark design is not in violation of the first regulations of China's Trademark Law, and the following words and graphics shall not be used in trademarks

It is identical or similar to the name of the country, the national flag, the national emblem, the military flag, the medal, the "Red Cross", the "Red Crescent" emblem, or the name. The flags, emblems, or names of international organizations are similar. Identical or similar to the flag, emblem, emblem or name of other well-known international organizations.

It is of a national discriminatory nature, exaggerated propaganda and deception, and is harmful to social morality. The generic name and graphic of this product directly indicate the quality, main raw materials, functions, uses, quality, quantity and other characteristics of the product.

Enterprises should pay more attention to the design of registered trademarks, not greedy for a temporary cheap, and choose a powerful company to create your own unique trademark. If you have any other questions, please feel free to consult an intellectual property professional consultant.

What are the trademark designs to be noted for trademark registration.

Legal analysis: There are generally six steps to register a trademark designed by yourself, as follows:

1. Apply for registration at the Trademark Office. Another way to register is to entrust the services of an experienced trademark organization;

2. Prepare materials, 5 trademark drawings, length and width not more than 10 cm, not less than 5 cm, if the direction of the trademark drawing is unclear, the arrow should be used to indicate the upper and lower levels;

3. Apply according to the classification of goods and services;

4. Determine the date of the petition;

5. Obtain the trademark registration certificate;

6. Submit an application for trademark registration to the Trademark Office of the State Administration for Industry and Commerce.

Legal basis: Trademark Law of the People's Republic of China

Article 22 The applicant for trademark registration shall fill in the category and name of the goods in which the trademark is used in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of commercial sails and goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

It is recommended to redesign, and there are three main disadvantages of trademark similarity.

1. It will constitute infringement.

2.whether the goods or services are similar; Similar goods refer to those that are the same in terms of function, use, production department, sales channel, consumer object, etc., or that the relevant public generally believes that there is a specific connection and is likely to cause confusion.

3.whether it is likely to cause confusion among the relevant public.

2. The rejection rate of similar trademark registrations is high.

There is no problem with similar registrations, but there is a high probability of rejection. Even the same trademark can be registered, the trademark is divided into product trademarks 1-34 classes, service trademarks 35-45 classes, trademark registration depends on the scope of your registered category. Trademarks are divided into TM (trademarks) and R (registered trademarks) When there is a similar trademark registration rejection, you can use TM, but you can do the brand from the aspects of simplicity, easy to remember, and easy to disseminate.

Someone else has registered a similar trademark, and the field does not conflict, you can also go to register, depending on your use and your purpose.

Third, it is easy not to position consumers as a copycat brand! It is not conducive to the upgrading of the brand and the development of the enterprise!

To sum up, there are legal risks and will limit the development of the brand itself!

When the trademark you want to register is very similar to others, then you have two options, one can continue to register, and then the second way is to re-design a trademark in a registration, but at this time there is a problem, if you are on a blind date with others, if the two trademarks are on a blind date, if which trademark is done well in the future? It may bring a kind of confusion to customers, so in order to do better for your brand in the future, and to do better with your trademark, it is recommended to redesign one.

The requirements for the standardized use of unregistered trademarks include: the principle of good faith shall be followed, the quality of the goods used by the trademark shall be responsible, consumers shall not be deceived, and the existing prior rights of others shall not be harmed. In addition, goods that must be used by laws and administrative regulations shall not be sold in the market without registration.

[Legal basis].

Article 7 of the Trademark Law of the People's Republic of China.

The application for registration and use of trademarks shall follow the principle of good faith.

The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall stop the deception of consumers through trademark management.

Article 32.

The application for trademark registration shall not infringe on the existing prior rights of others, nor shall it preemptively register trademarks that have been used by others and have a certain influence on Zhongfan by improper means.

Article 56.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.

Article 6. Goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.

China's law does not prohibit the use of unregistered trademarks, but this use must comply with the principle of good faith, and must not harm the legitimate rights and interests of consumers and other business operators, and undermine the normal market economic order.

The regulation of the use of unregistered trademarks is mainly reflected in the following laws and regulations:

1. Article 7 of the new Trademark Law introduces the principle of good faith and quick rolling, and at the same time, Article 52 stipulates the legal consequences of illegal use of unregistered trademarks.

2. The Anti-Unfair Competition Law prohibits misleading false propaganda through Article 5(4) and Article 9(1) of the Anti-Unfair Competition Law, and stipulates the consequences of violating the law in Articles 20 and 24, Paragraph 1.