How to name a trademark is not rejected
The number of trademark applications in China ranks first in the world every year, and now the number of trademark applications has reached more than 2 million. Under such a great number of trademark applications, it is a matter of demanding high standards to name a trademark. According to the data released by the Trademark Office, the rejection rate of trademarks has reached more than 3% last year. Therefore, trademark applications must be carefully considered when naming.
When naming, please pay attention to these aspects.
When using English names to register trademarks, it is best not to use lexical trademarks, such as spring, sunshine and love. The pass rate is very low. It depends not only on whether English is similar, but also on whether the translated trademarks are registered at noon. Moreover, such English trademarks, whether in English or Chinese, have a very high occurrence rate and can hardly pass. It is suggested to use meaningless letter combinations. Such as "KFC" registered successfully in the early years.
When using Chinese names to register trademarks, you should also avoid using common words or words commonly used in the industry. For example, in the ninth category of electronic communication, many trademarks like to carry the word "pass"; In the fifth category of medicine, many people like to bring the word "Tang"; The 43rd category is catering, while those who like to bring "Xuan", "Ju", "Ge" and "Wu" are very weak in significance. It is recommended to use unusual combinations when naming. For example, "Snail Kaka" for children's wear and "Fujiuchi" for Japanese cuisine have industry characteristics and high pass rate.
It is not recommended to use common words when naming trademarks.
Many customers like to use simple surnames such as "Zhang Ji", "Li Ji" and "Wang Ji" as trademark names for registration. However, nowadays, the overlapping rate of such trademark names is very high, and it is basically difficult to register, unless it is an uncommon surname, such as "Master Kong", which was successfully registered in the early years.
Avoid using function words in trademark naming
When naming a trademark, try not to use function words such as "zhi", "si", "te", "er" and "hu", because such words have no substantive meaning, and whether they are brought or not is the same in the review rules. For example, the trademarks of "Spring Flower" and "Spring Flower" are definitely similar, and the trademarks applied for later will be rejected, and there is no possibility of success at all.
a correct understanding of brand names combined trademarks
first, many customers like to use Chinese and English combined trademarks, but they don't know enough about combined trademarks. They think that English trademarks are similar and Chinese is different from others. In essence, as long as a part of a combined trademark is similar, the whole trademark is similar. For example, if "DELL+DELL" is registered first, the English part is similar, so the whole trademark is similar.
the above are the problems that should be paid attention to when naming trademarks.
don't think that the business license is down, and the trademark name can be registered.
The business license is approved by the local industrial and commercial bureau, and the trademark name is searched by the State Trademark Office in the nationwide trademark database. Therefore, the keywords in the business license may not be used as trademark names, let alone registered.
Trademark naming must be avoided for similar trademarks
Some customers will also search for trademarks on China Trademark Online, but after the inquiry, they are still not sure whether they can register. This is due to the ignorance of the trademark review rules, and of course it also requires some empirical judgment. For example, there was "Jiaduobao" before. If you register "Duojiabao" again, it is a trademark that only changes the arrangement order of Chinese characters, and it will definitely be rejected.
Brand is of understandable significance to enterprises. It is the most important intangible asset, bearing consumers' recognition of its service to products. Brand inheritance is the lifeblood of brand culture, which not only bears the status of a company, but also bears the trust of countless consumers. The profoundness and long history of China culture provide unlimited possibilities for trademark registration and naming. Make a special brand with a special combination.
notes on trademark naming
a trademark is a mark used to distinguish one operator's brand and service from those of other operators. For enterprises, trademarks are not only a comprehensive embodiment of image, product quality and market reputation, but also an important intangible asset of enterprises. Generally speaking, when a company is founded, it always needs a brand name or a design to represent the company. In the process of company development, it will also encounter the problem of brand name with the development of new products and the cultivation of new sub-brands.
it seems simple to name a trademark, but it is not easy. Its purpose is to be able to register trademarks. Different from other names, the name of a trademark must meet the conditions that the trademark registration query can pass.
At present, the main reason why the name of a trademark cannot be queried through trademark registration is that the name is similar to other registered names, which leads to the failure of trademark registration application. The judgment of approximation is generally judged by the Trademark Office, and three people may have three different judgments. In the process of trademark naming, the risk of trademark registration failure can be better avoided by choosing a name with high registration success rate.
So, what points should be paid attention to in the process of trademark naming:
Use computer fonts that need to be paid carefully in trademark naming
With the increasing market demand for aesthetic publicity and personalization, font companies began to provide paid fonts. They design novel fonts and edit them into font file software for sale. After the design, the computer font file company of fine arts advocates that font is an artistic design work and enjoys copyright, and the company also enjoys software copyright.
In this regard, judicial practice has not yet given a unified result. Some judgments do not recognize the copyright of artistic works with computer fonts. For example, in 211, Founder Font sued Procter & Gamble for using "Feirou" font as a trademark and lost the case. However, some judicial decisions also admit that a single computer font enjoys copyright as an art work, such as the Jiangsu court's judgment on Xiuying style. Therefore, in the judicial environment where computer fonts are controversial, companies should be cautious when choosing Chinese characters as trademarks, and avoid using paid computer fonts when communicating with designers to avoid unnecessary disputes. If necessary, you can ask someone to write an inscription and sign a written agreement on copyright transfer.
Pay attention to copyright ownership in trademark design stage
How to design a name, whether it is characters or patterns, is the first thing. In the process of "naming", "trademark design" and "trademark registration", people often attach importance to the third stage, that is, whether to obtain the trademark authorization certificate, and the most easily overlooked is the ownership of the trademark design results. A trademark commissioned by others is nothing more than words, symbol attributes or patterns. As long as it has certain originality, it will have copyright attributes. Including entrusting other design companies or individuals to design, or directly applying for trademarks with the works of acquaintances or friends, or asking employees of our company to design.
according to the provisions of the current Copyright Law, the copyright of a work commissioned by others belongs to the individual who actually created the work without agreement. Even the works designed by employees of our company are not owned by the company, but by the employees who actually create the works.
Some people may have such a misunderstanding that the works designed by employees should belong to job works, and their copyright should belong to the company, but it is not. The current Copyright Law classifies the works completed by employees, and the copyright of works such as engineering design drawings, product design drawings, maps and computer software completed by employees belongs to the unit, while the copyright of other works belongs to employees. Therefore, trademarks designed by others, including trademarks designed by employees, are owned by employees without agreement. Unless both parties expressly agree in a written contract that "the copyright belongs to the client".
in addition, in the trademark design stage, the company involved in the trademark should conclude a written design contract with the designer, and clearly stipulate in the design contract that "the copyright of the created work belongs to the client". In practice, many companies will choose to invite others to design trademarks through bidding on some online platforms in the process of starting a business. Because the process of bidding on the Internet to conclude a contract is completed online, there will be difficulties in proof in the future. Therefore, it is necessary for entrepreneurs to sign a written contract with the person entrusted with designing the trademark and make a clear agreement on the copyright ownership of the work.
The naming of a trademark requires the thinking of exclusion.
The purpose of registering a common industrial name as a trademark is very clear, that is, to occupy the term alone, so as to exclude other competitors. This practice is prohibited by law. Anyone who wants to monopolize the generic name and break the usual rules of the industry will inevitably lead to public anger. Even if it is registered, anyone can apply to the Trademark Review and Adjudication Board for cancellation of the registered trademark at any time.
a generic name generally refers to the name of a certain kind of trademark that is commonly used in a certain range. There is no clear legal standard for the judgment of common names, and the resulting disputes are not uncommon. Therefore, in order to avoid disputes and make the trademark in an unstable state, it is best not to apply for a registered trademark with a common name.
"When we develop a new product, from the point of view of sales, we always sum up the characteristics of the company's products, and then choose a word from the characteristics of the products as a trademark." Peng Yingwu said that, for example, a company developed a leakage protector, which was named "Safety" brand leakage protector because it thought it was safe to use. This is not allowed, because leakage protection is a function or obvious feature of this product or similar products, and all companies in this industry can call it "safety" as long as their products meet the safety-related standards. Therefore, a mark that directly indicates the quality, main raw materials, function, use, weight, quantity and other characteristics of a commodity shall not be registered as a trademark.
the above example can be understood as follows: if the product has the characteristics of * * *, it is impossible for a company to monopolize the use as a trademark.
"In addition, it can be seen from the name of' Shufujia' soap that, in a sense, any soap has a feeling of comfort to the skin, that is,' soothing the skin'. Therefore, the use of' Shufu' as a trademark has the risk of unsuccessful registration or revocation after successful registration. Once it is revoked, the advertising and publicity capital invested by the enterprise in the early stage will be invalid. " Peng Yingwu pointed out that, therefore, Procter & Gamble added a word to the name, which became "Shufujia", so the safety of the name was high.
Practical methods of trademark naming
There are also some practical methods of trademark naming, but it is better to be detailed when using these methods.
the name of the brand is familiar with the name of the familiar object
The familiar object must be familiar to the relevant (not all) consumers. For example, the "shield" can be familiar to consumers in the construction industry, but the "laser" as a vegetarian trademark is difficult for housewives to know.
the name of the brand is the name of the scenery
the scenery should be familiar to the broad masses of customers, and it is best to have obvious local characteristics, such as "Terracotta Warriors and Horses" as the trademark of local tourism products, "Huangshan Mountain" as the trademark of real estate mountain products, and "Yangtze River" as the trademark of marine machinery products.
the name of the trademark is auspicious words
auspicious words should not be used as trademarks, such as "double happiness" and "good luck". "Shunfeng" trademark and "Meiyi" trademark for health products can be selected on the means of transport.
The name of a trademark is the name of the enterprise or the abbreviation of the name
The name is the trade name in the enterprise name, and the abbreviation is a representative keyword in the enterprise name. For example, Great Wall Co., Ltd. can adopt "Great Wall" and China Petrochemical Co., Ltd. can be abbreviated as "Sinopec".
the name of the trademark is the name of the animal and plant
directly using the animal name as the brand name, the animal brand can make people have a sense of image and leave a deep impression on customers, and it is more effective to establish a regional brand. For example: PUMA (Puma), panda, white cat, Dahongying, Xiongshi and so on. Although there are many products using animal brands, such as dragons, tigers, leopards, wolves, rabbits, golden roosters, peacocks and pandas, few of them have become world-class brands. The actual situation may be because the world's
trademarks take the name of commendatory words.
Commendatory words are rich in praise and praise, which can increase the charm of trademarks if used properly, such as "Mei Piao" used in hair dye and "Fei Tian" used in kites. However, commendatory words should not be abused, such as "flying" (meaning "ascending to heaven") and "steel" used in bread for health care products for the elderly.
The name of a trademark is a person's name or a place name
It can be an ancient celebrity or his own name, or a combination of the main words in the names of several people. Take the names of celebrities, stars or founders of enterprises as product brands, make full use of the values contained in names, and promote consumers' recognition of products. Such as "Li Ning" brand, that is, Prince of gymnastics Li Ning used his sports star effect to create a famous brand of sporting goods in China. The world-famous "Dell" computer is a brand named after the founder Dell. There is also "Wang
brand name takes the name of the creation
creation is a vocabulary or text combination created by himself. A brand name may have meaning or no specific meaning, such as Starr, Bang Qi, etc., as long as it is called loudly and smoothly.
Brand names are named by numbers
Brand names of this kind are composed of numbers and words. Some are composed of numbers and words. Brands named by numbers are easy to recognize and remember. Because the number * * * is universal all over the world, it is easy to popularize. Digital brands cover almost all * * * numbers from to 9, such as Yipin Salad Oil, Double Lion Tiles, Samsung Electronics, 555 cigarettes, 55 Shengong Yuanqi Bag, 566 shampoo, 7-up soda, Sanjiu Weitai, 4711 (perfume) and so on.