Methods to improve the success rate of registration:
1, if there is only one word, if no one else has registered this word before, or there is no similar word, it may be successful, but after all, a word is too monotonous and simple, and there is a great possibility of failure.
2. If the company has technicians who can carry out artistic design on a single word to make it more unique and prominent, the passing rate will be greatly improved, but the artistic design cannot be similar to other registered trademarks, otherwise it will not pass.
3. If you want to register a trademark through a single word, artistry is essential. I suggest you check the general situation of the trademark before applying for registration. Generally speaking, a personal inquiry may not find a rough picture, so you can find a professional agent in this field. Although there is a charge, it can't stand other people's majors, so you can probably estimate whether the registration can be successful. My friend wanted to register a trademark with a pattern before, so he found a Chinese blue intellectual property company. I asked for help. Later, people suggested to change it and changed it several times. I approved it when I signed up. It's not bad. This kind of agent searched a lot on 58, and found any one who followed the watch.
4. Choose the trademark category accurately when registering. There are probably dozens of categories of trademarks in our country, and there are many subcategories. If you choose the wrong category, even if you register successfully, you will fall short.
5. The registration may not pass once, and the trademark review will be conducted. Even if it is rejected at present, it is not hopeless. If you raise an objection in time, it is still possible to register successfully.
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In principle, according to the new Trademark Law to be implemented in May 20 14, if a registered trademark needs to change its logo, it shall apply for registration again. That is to say, in the process of using a registered trademark, a trademark registrant shall take the registered trademark approved by the Trademark Office as the standard; Otherwise, the local administrative department for industry and commerce will order it to correct immediately; If no correction is made within the time limit, the registered trademark shall be revoked by the Trademark Office. Some cases are serious, which can be identified as counterfeit registered trademarks by the local administrative department for industry and commerce, and be stopped, corrected within a time limit, notified or fined; If it constitutes infringement, it also needs to bear tort liability such as compensation.
However, in practice, due to the lack of strict demand in the commercial market, the registered trademark logo cannot be changed. According to the judgment that some registered trademark owners changed their registered trademarks in the Reply on the Use of Chinese Characters in Registered Trademarks issued by the State Administration for Industry and Commerce in 2000, we can find that minor changes in registered trademarks do not belong to "changing registered trademarks by themselves". Combined with the understanding and application of the Trademark Law (Second Edition), we also noticed that "changing a registered trademark itself does not change the essential characteristics of the original registered trademark, and the legal consequences of the changed trademark are similar to the original registered trademark, which does not directly affect whether its exclusive right to use a trademark can be effectively protected; On the other hand, if the changed trademark is not similar to the original registered trademark, the parties will still use the changed trademark as a registered trademark, and their behavior will constitute an act of counterfeiting a registered trademark. "
To sum up, if the subject simply changes the font itself of the registered trademark, but does not substantially change the registered trademark, should we pay attention to it during use? Logo, will not be identified as "change of registered trademark". However, from the perspective of fundamentally avoiding legal risks, it is still recommended to use registered trademarks in strict accordance with the provisions of the Trademark Law, that is, in accordance with the trademarks approved by the Trademark Office; If you need to change, re-apply for registration.
On the issue of "changing the registered trademark by itself", there are also some famous cases in judicial practice, that is, Johnson & Johnson's dispute over "adopting _" trademark (
Controversy about the trademark of Le Cai is rising again. Private enterprises claimed 654.38+0.2 billion yuan from Johnson & Johnson.
), the subject can study and learn from it.