If the trademark is registered, can the font be changed at will?

Updated on technology 2024-04-15
7 answers
  1. Anonymous users2024-02-07

    Once a trademark is registered, it cannot be changed at will.

    Article 37 of the Trademark Law stipulates that "the exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use." Therefore, after the word is registered as a trademark, if the registered character is simplified, the traditional character is used; or if the registered characters are in traditional Chinese characters, and the actual use of simplified characters shall be regarded as changing the words, figures or combinations thereof of the registered trademark on their own, which may be handled in accordance with the provisions of Article 30 of the Trademark Law.

    Therefore, what font should be used when registering is a principle that has always been adhered to in trademark management. However, in trademark management, for changes that have not changed much (e.g., the registered font is handwritten, and the printed font is used when used; The registration is in italics, and it is in bold when used), which can generally maintain the exclusive right to use the trademark; However, it is better for the trademark registrant to re-register the font form used.

    It is necessary to adhere to the principle of "the exclusive right to protect the trademark shall be limited to the trademark approved for registration", and the scope of protection of standard printed words without originality should be smaller than the scope of protection of other writing styles in terms of whether the words are similar, so that the trademark registrant is better to register a word trademark that indicates its own style, so as to reflect the distinctiveness of the trademark in the written form. If you want to know more about trademarks, you can log in to the Focus Fish Intellectual Property Platform.

  2. Anonymous users2024-02-06

    Hello, it is recommended that you do not change the trademark font without authorization after the trademark registration is passed, otherwise it will constitute an irregular use of the trademark, and the specific irregular use of the trademark also includes the following situations:

    Main manifestations: 1. The act of changing the word, figure, color or combination thereof of the registered trademark without oneself but still affixing the mark of the registered trademark;

    2. The original registrant continues to use and annotate the registered trademark mark without applying for renewal after the expiration of the validity period of the trademark registration;

    3. Improper use of trademarks in advertising. For example, in advertising slogans, the use of other people's trademarks to raise the popularity of one's own trademarks or use one's own trademarks to belittle others' trademarks;

    4. The act of confusing a registered trademark with a purely visual meaning (e.g., a Panda graphic trademark) with a purely auditory meaning (e.g., a Panda word trademark) in actual use, or an act of confusing a registered trademark with a purely auditory meaning (e.g., a trademark with a bear drawing graphic meaning) with a purely visual meaning in actual use and causing misidentification by consumers;

    5. Irregular use of combined trademarks. Combination trademark use is the act of using two or more registered trademarks on the same goods by a trademark registrant.

    If you still have any questions, please feel free to contact us.

  3. Anonymous users2024-02-05

    Answer: Hello, the Trademark Law stipulates that the scope of legal use of trademarks includes: the trademark logo cannot be changed during use, only the same example can be reduced and enlarged, the combined trademark cannot be disassembled and used, the single trademark can be used in combination, the black and white trademark can be used in coloring, and the color trademark cannot be changed in color.

    It is recommended that you can design the trademark font again later, and then file a separate application, so that the approval rate is very high, and you can legally use the trademark design you want.

  4. Anonymous users2024-02-04

    Hello, the font cannot be changed casually after the trademark is registered

  5. Anonymous users2024-02-03

    In general, trademark registration.

    The font is not allowed to be changed.

    Relevant laws and regulations.

    1. The change of trademark font is a counterfeit registered trademark.

    behavior, which is likely to cause disputes and is not conducive to the protection of trademark rights, it is recommended to apply for registration of the new trademark after the change.

    Article 24 of the Trademark Law stipulates that if a registered trademark needs to change its logo, it shall file a new application for registration. Article 49 provides:

    If the trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall do so.

    order corrections to be made within a specified period of time; If the correction is not made after the expiration of the time limit, the Trademark Office shall make such corrections.

    Revocation of its registered trademark.

    This means that the use of the trademark should be strictly limited to the approved trademark reproduction and the approved use of the goods, and the change of the trademark reproduction or beyond the scope of the approved use of the goods, cross-class use, should not be marked with a registered mark, otherwise it is an act of passing off a registered trademark; If the changed trademark design or goods beyond the approved use are identical or similar to the registered trademarks of others, they shall also bear the trademark infringement.

    Legal liability. Therefore, what font should be applied to what font should be registered, and it cannot be changed arbitrarily, and marked with a mark. In order to make the trademark more beautiful and distinctive, many registered trademark owners will change the font, such as changing the registered printed text to an aesthetic font, or creating an artistic font for the registered trademark.

    Hereby, I would like to remind all registered trademark owners that the trademark with the changed font is a new trademark, and it is recommended to apply for registration as a new trademark for the new trademark with the changed font. First, they can better protect their trademark rights, and second, they can avoid administrative penalties caused by impersonating trademarks.

    and the risk of civil infringement.

    2. Under exceptional circumstances, the change of the font of the trademark does not constitute the passing of a registered trademark, but is a voluntary change, and you can choose whether to apply for registration of the changed trademark.

    In some cases, the change to the font of the trademark does not constitute a substantial change to the font, and such changes are minimal, such as the font at the time of registration of the trademark and the font of the trademark in actual use are handwritten and printed. This is allowed by law and will not be treated as counterfeiting of registered trademarks. However, it is still recommended that the trademark owner carefully consider and apply for registration of the trademark after the font has been changed.

    3. Pay attention to the risk of withdrawing the three.

    Paragraph 2 of Article 49 of the Trademark Law stipulates that if a registered trademark becomes the generic name of the goods approved for use or 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 owner is reminded that the registered trademark after the change of font constitutes two different registered trademarks from the previous registered trademark, and the trademark owner should pay attention to the use of the two trademarks before and after the change to prevent the risk of withdrawal.

    4. The new trademark after the font change is not registered and only used, and is not protected by the Trademark Law.

  6. Anonymous users2024-02-02

    First of all, the change of the font of a registered trademark can easily lead to disputes and is not conducive to the protection of trademark rights. Article 24 of the Law on the Marking of Shang Minxiang Stool stipulates that if a registered trademark needs to change its logo, it shall apply for registration again.

    Article 49 stipulates that if a trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters 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 the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

    Among them, "self-change of registered trademark" includes changing the font of the registered trademark. The above provisions mean that the use of registered trademarks should be strictly limited to the approved trademark drawings and approved use of goods (services), and the registered marks should not be displayed if the trademark drawings are changed or the scope of goods approved for use is exceeded, otherwise there will be a risk of passing off the registered trademarks of others; If the changed trademark design is identical or similar to the registered trademark of another person, the company will bear legal liability for trademark infringement. Therefore, the font that should be used for a registered trademark should not be changed at will.

    In order to make the trademark more beautiful and distinctive, many registered trademark owners will change the font when using the registered trademark, in which case, it is recommended to re-apply for registration of the trademark with the changed font as a new trademark.

    Secondly, under some special circumstances, the change of the font of the trademark will not constitute the passing off of a registered trademark, but is a self-modification, and you can choose whether to apply for registration of the changed trademark.

    For example, in some cases, the change to the font of the registered trademark does not constitute a substantial change to the font, and such changes are minimal, for example, the font of the registered trademark and the font of the trademark in actual use are handwritten and printed.

    This is allowed by law and is generally not treated as a counterfeit registered trademark.

    However, it is recommended that the trademark owner should consider carefully and consider re-applying for registration of the trademark after the font change. Thirdly, beware of the risk of "withdrawing three". The second paragraph of Article 49 of the Law on Serving Bids for Commercial Banquets stipulates:

    If a registered trademark becomes the generic name of the goods approved for use or is not used by Bridge Travel for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. After the trademark after the font has been changed and the trademark is re-registered, it is actually two different registered trademarks from the previous registered trademark, and the trademark owner should pay attention to the use of both trademarks before and after the change to prevent the risk of "three withdrawals". Finally, the new trademark after the font change is not registered and only used, and the trademark law will not protect it.

    To sum up, the trademark owner must not change the font of the registered trademark at will, and if it is really necessary to change, it should consider re-applying for registration.

  7. Anonymous users2024-02-01

    After the word mark is repudiated and repented, the font cannot be changed at will.

    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.

    Article 49 stipulates that if a trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters 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 the correction is not made after the expiration of the period, the trademark office shall revoke the jujube mark before the registrar.

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