What are the legal provisions for graphics in registered trademarks
1. Elements of trademark design
The laws of various countries have different regulations on the composition of trademarks. As stipulated by the CIS countries, trademark components can be text, graphics, three-dimensional, combination or other various forms. U.S. trademark law stipulates that any literature, symbol, or logo, or a combination of such things, may serve as an element of a trademark. At present, a few countries in the world include the special style of packaging and containers as components of trademarks and allow registration.
2. The name of the trademark design
Whether it is text, graphics, or text or graphics In combination, the designed trademark must be novel in concept, unique in style, and have characteristics that distinguish it from other similar trademarks. Many countries ban geographical names as trademarks because geographical names are often considered to lack distinctive features.
3. Color of trademark design
Color is not a legal component of a trademark and generally cannot Independently as an element of the trademark. However, color is an integral part of a trademark and is one of the important signs that distinguishes a trademark from other types of business. If the color of a trademark needs to be changed after registration, it will be regarded as a change of trademark graphics and must be re-registered. Since trademark color is of great significance to improving the efficiency of advertising design and publicity, many well-known trademarks have designated colors when registering.
4. Prohibited content of trademark text and graphics
Some trademark text and graphics Words and graphics are prohibited from being used as trademarks. Countries have different regulations on prohibited trademarks. Pay attention to the differences. Due to different customs, social and cultural backgrounds in different countries, some trademarks that are commonly used or loved by consumers in one country may not be suitable for use in other countries. In terms of trademark design, an international norm seems to have been formed, that is, when selecting the text, graphics and colors of a trademark, avoid using things that are banned in the country of sale or taboo to consumers.
5. Copyright protection of trademark designs.
The protection of trademarks includes the protection of trademark rights with property significance and the protection of trademark rights closely linked to the identity of a specific person, and the copyright protection of trademarks That is the protection of personal rights.
Legal basis
Article 8 of the "Trademark Law of the People's Republic of China" stipulates that the following words and graphics may not be used in trademark applications for registration in China:
1. Identical or similar to the country name, national flag, national emblem, military flag or medal of the People's Republic of China;
2. Same The name, national flag, national emblem, military flag, and medals of a foreign country are the same or similar;
3. The same or similar flag, emblem, or name of an intergovernmental international organization
4. The same or similar logo or name as the "Red Cross" or "Red Crescent";
5. The common name and graphics of this product;
6. Directly indicating the quality, main raw materials, functions, uses, Weight, quantity and other characteristics;
7. Ethnic discrimination;
8. Exaggerated and deceptive propaganda;
9. Harmful to socialist morals or other adverse effects.
Place names of administrative divisions at or above the county level in China or foreign place names known to the public shall not be used as trademarks, except where the place names have other meanings; registered place names are used The trademark remains valid.
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