Trademark name name will not be rejected
Trademark name name will not be rejected
China's trademark filings year after year ranked first in the world, and today's trademark applications throughout the year to over 2 million, and in such a great trademark applications, make trademark name a high demand high standards.Last year, figures released by the trademark office, trademark rejection rate has reached more than 30%, therefore, trademark application in the name, be careful consideration.
In the name, please be sure to pay attention to the several aspects
Trademark name using a combination of surprise
In the use ofThe English nameAccording to the registered trademark, it is best not to the words of trademark, such as: words like spring, sunshine, love, passing rate is very low, not only depends on whether English is approximate, it remains to be seen whether at noon in translation are registered.Query, and such English trademarks, whether English or Chinese meaning of the query, the occurrence rate is very high, basic to pass.Advice letter combinations with no meaning.As an early registration "KFC" of success.
When using Chinese name registered trademark, also want to avoid to use common words, or with the word in the industry.Such as: class 9 in electronic communication, like to take a lot of trademark "tong" word;5 medicine, many people like to take "hall" word;43 is food, like to take "xuan", "house", "ge", "house", these words on the significance is very weak.Suggest using a combination of unusual.Such as children's clothing: "kaka" snail, do "nine", Japanese cuisine with industry characteristics, the passing rate is high.
Trademark does not recommend using common words
There are many customers like to use "a", "li", "the king" simple surname, such as the name of trademark registration, and now this brand name coincidence rate is very high, basic registration, unless it is not common surname, "master kong" is registered as early success.
Brand names to avoid use of function words
Name, try not to have "the", "si", "characteristic", "er" and "on" function words, for there is no real meaning of the word, and didn't bring, in censorship rules are the same.Such as the "spring" and "spring flower" brand, is bound approximation, is bound to be rejected in the application of the trademark, have no chance of success.
Trademark name correct understanding combination trademark
Many customers like to use Chinese and English combination trademark first, but understanding of combination of trademark, think English trademark approximation, and Chinese is not the same with other people.In essence, as long as part of combination trademark constitutes a approximation, the approximate trademark, even if the whole of such as: first a "DELL", if you registered "DEL + le", this English part is approximate, so the whole logo is approximate.
Above is about the trademark name need to pay attention to the problem.
Don't think that the business license, we can register trademark name
Is the business license by the local industrial and commercial bureau approval, the brand name is across the country by the state trademark office trademark database retrieval.So, the business license on the key word is not necessarily can as a brand name, registered less said.
The trademark name for approximate trademark must be avoided
Some customers themselves will also online query a trademark in China, but after finished query, still not sure whether can register.This is the rules of trademark review don't understand, of course also need some experience to judge.For example, a "treasure" of earlier, if again registered "more treasure", it is only to change the order of Chinese characters trademark, is sure to be rejected.
The significance of brand for the enterprise has the right, it is the most important intangible assets, carrying the consumers for their services in the recognition of the products.Brand heritage, which is the lifeblood of brands culture stretches, this not only bear the position of an enterprise, also with millions of consumers trust.The extensive and profound Chinese culture and has a long history, named trademark registration offers endless possibilities.The use of special combination, in the characteristic brand.
The trademark name
Trademark is used to distinguish one operator's brand, service and other business operators or service brand.For the enterprise, the trademark is not only the integrated embodiment of its image, product quality and market reputation, but also important intangible assets.Was founded in general, the company will need to find a brand name or design a pattern on behalf of the company, the company will be in the process of the development along with the development of new products and developing new brand and trademark the name of the problems.
The trademark name looks be like simple, but it is not easy.Its purpose is in order to be able to for trademark registration.And, unlike other name, brand name must satisfy the conditions of trademark registration query can pass.
At present, the trademark the name doesn't pass, the main reasons for the trademark registration query is name with other registered name approximation, the application for trademark registration failed.Degree of approximation of judgment is usually artificial judgement by the trademark office, may be 3 people have three different judgment.In the process of brand name, choose success rate is higher, the name of the registered can better avoid the risk of trademark registration failure.
So, in the process of brand name, what points should be paid attention:
Brand names with caution pay computer fonts
With the increase of demand for advertising aesthetic feeling and personalized, type the company began to provide paid fonts.Fonts that their novel design, and edit them into software font files on foreign sales.Through the design of the art computer fonts font files companies argued that word is a kind of graphic design works shall enjoy the copyright, at the same time the company has a software copyright.
For this, the judicial practice there is no uniform results are given.Some sentences do not recognize a computer word vocabulary of copyright in works of art, such as the 2011 founder fonts v. p&g use fonts "fly" trademarks.But some judicial decisions have copyright also acknowledged that a single computer fonts as art works, such as jiangsu court judgment about xiuying body.Accordingly, in a computer word disputed judicial environment, the company chose to Chinese characters when used as a trademark should be careful, when communicate with designers should be put forward to avoid paying computer fonts, in order to avoid to produce needless issue.If there is need, can someone please inscription, and conclude about the written together with the copyright transfer.
Attention to the problem of copyright ownership trademark design phase
The name whether character, pattern, etc., the first is how to design.In the "name", "logo design", "trademark registration" the process, we often pay attention to the third stage: namely whether trademark authorization certificate, "logo design" is the most easy to ignore the results right ownership.Entrust others design trademark is nothing more than words, symbols, properties or design.As long as have a certain originality will have copyright properties.Including entrust other company or individual design, or directly bring acquaintances or friends work for trademark, design or ask your company's employees.
According to the current "copyright law" regulation, entrust other design works, the copyright in the absence of agreement, belong to the actual work of individuals.Even your company's employees design works of its copyright does not belong to the company all, but the actual work of all employees.
Someone could have such a myth, entrust employees design work, should belong to the works, the copyright shall belong to the company all, actually otherwise.Finish the employees work "the copyright law" are classified and staff to complete the project design, product design drawings, maps, computer software, and other works of the copyright shall belong to the unit, in addition to other class work their copyright owned by employees.Therefore, entrust other trademark design, including the commission staff design trademark in the absence of contract shall be owned by the individual.Unless the parties by written agreement expressly agreed upon copyright owned by the client.
In addition, the trademark design stage, companies involved in the trademark should be with the design of the designer to conclude a written contract, and, in the design contract expressly agreed upon "written works copyright owned by the client".In practice, many companies will choose in the entrepreneurial process in some network platform, by way of bidding design trademarks of others, please.Due to Internet bidding enter into a contract is the process of the operation is completed on the Internet, will proof and difficult problems in the future, so entrepreneurs with necessary design trademark retroactive written contract, and the work of the provisions of the copyright belong to clear.
Trademark name need with out thinking
The industry generic names registered as a trademark the goal is clear, just want to occupy the noun alone, so as to exclude other competitors, the practice of which is prohibited by law.Anyone want to monopolize the generic names, break the usual rules of the industry, inevitably outrage, even got registered, anyone can at any time revoke the registered trademark to the trademark review and adjudication board.
Generic names are generally refers to in a certain range established are commonly used one kind of the name of the trademark.Generic names of judgment, and there is no clear legal standard, the resulting disputes also not scarce.So in order to avoid causing disputes, the trademark is in unstable state, it is best not to use generic names to apply for a registered trademark.
"When we develop a new product, in terms of sales, and always to sums up the characteristics of the company's products have, and then from the product has the characteristics of a word to do logo."Bramall said, for example, the company developed a leakage protector, thinks that the leakage protector has the characteristics of safe use, and is named "security" brand leakage protector.It is not allowed, because the leakage protection is the function of the product or similar products have or obvious characteristics, all of the company as long as the industry products meet safety standards can be called a "safe".Direct said so, just the quality of the goods, the main raw material, function, quantity, weight, and other characteristics of signs, shall not be registered as trademarks.
The above example it can be understand, the product has the general characteristics of if monopolized by a company as a trademark use this is not possible.
"In addition, from the name of" safeguard "soap can see out, in a sense any soap can give skin comfortable feeling, namely the" skin ".Therefore, use "skin" as the trademark is registered is not successful, or the risk of success has been revoked, once removed, the early stage of the enterprise such as advertising, publicity of their invested capital will fail."Bramall pointed out, therefore, p&g company added a word, when called into a "safeguard", so the name of the security is high.
A practical method the trademark name
Trademark name also have some practical methods, but in the use of trademark name when it's best to refine these methods.
Trademark name familiar item name
Familiar items must be related (not all) consumers familiar objects, such as "shield" brand cement can be known by the consumers of the construction industry, but "laser" as a principle of trademark is difficult to be housewives.
Takes scenery name brand names
Landscape should be elected as the masses of customers best has obvious local characteristics, such as the "terracotta warriors" as a local tourism supplies forestal products trademarks, trademarks, "huangshan" real estate "Yangtze river" trademarks for Marine machinery products is better.
Takes auspicious language name brand names
Auspicious phrases as a trademark shall not choose too smooth, vocabulary significance is not strong, such as "double happiness", "prosperity".Can choose "wind" brand on transportation, health care products with a "good" trademark.
Trademark name take enterprise name or the name of the abbreviations
Font size is the enterprise name of trade name, abbreviation is representative keywords in the enterprise name, such as the Great Wall co., LTD., desirable "Great Wall", "China petroleum and chemical co., LTD." can be abbreviated to "sinopec".
The trademark name for animal and plant names
Straight or move animals name as a brand name, brand image can make the person produces feeling, left a deep impression to the customer, creating regional brand is relatively effective.For example: PUMA (PUMA, Chinese translation for PUMA brand), bear cat, white cat, lion ﹑ derviser, and so on.Although the use of animal products a lot, there are dragon, tiger, leopard, Wolf, rabbit, chicken, peacock, panda, but only a few a world-class famous brand of the forehead.Perhaps because the world actual situation
Takes positive name brand names
Positive is rich in the meaning of praise, praise, properly can increase the charm of the trademark, such as "gone with the wind" is used to dye, "flying" for a kite.The commendatory word but do not abuse, such as the elderly health care products with a "flying" (meaning "heaven"), such as "iron" for bread is wrong.
Trademark name take the person's name or place name
Ancient celebrities or their names are available, and also can use a combination of several people in the name the main word.Celebrities, stars or enterprise initiative person's name as a brand of products, make full use of the person's name contains the value of the products promote consumer identity.Such as "li ning" brand, is the gymnastics prince li ning to use own sports star effect, created a Chinese famous brand of sports goods.The world famous "dell computer", it is named after the founder of dell's brand.And the king
Brand name in the name of the coin
Ma is to create your own words or vocabulary.New brand names, can have meaning, can also do not have any specific meaning, Ruth, bonzi, etc, as long as the call to ring, have to shun.
Trademark name named by Numbers
This type of brand name is composed of the combination of Numbers and words.Some of them are made up of words and Numbers of Siamese and.Digital name brand consciousness, easy to remember.Because the Arabic numeral common all over the world, and easy to promote.Digital brand almost covers all the Arabic Numbers 0 to 9, such as bow, salad oil, the double lion brand ceramic tile, samsung electronics, 555 cigarettes, airbags alkaloids in 505 yuan, 566 shampoo, 7-up soda, san-jiu stomach tai, 4711 (perfume), and so on.
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