Do you know about color combined mark？

January 12, 2018 Categorised in: IP Knowledge 2547 read

1. Legal basis

Article 8 of Trademark Law: An application may be made to register any mark, including any word, device, any letter of the alphabet, any number, three-dimensional symbol, colour combination and sound, or any combination thereof, that identifies and distinguishes the goods of a natural person, legal person, or other organization from those of others.

2. Relative explanation

Color combination trademark is a kind of mark which is made of 2 or morn than 2 colors.

This section provides for the formal examination and substantive examination of the application of color combination marks. The substantive examination includes the examination of prohibited articles, the examination of salient features and the same or similar examination.

3. Formal examination

A. To apply for registration of a color combination mark, the applicant shall make a statement in the application form. Without statement, the mark will not be treat as a color combination trademark, even if it is a colorful pattern.

B. Applicants should submit a clear color pattern. The logo should be a color block that represents the color combination or a graphic outline that indicates where the color is to be used. The graphic outline is not a trademark component and must be indicated by a dotted line, a solid line would not accepted.

C. The applicant shall state the color name and color number in the description, and describe the specific usage of the color combination trademark in commercial activities.

①Trademark description about Use a color block to indicate the color combination

For example:

Designated Service:Vehicle gas station

Trademark description: This color combination mark is made of Green, anthracite and orange. Green(Pantone 368C) is accounting for 60%, anthracite(Pantone 425C) is accounting for 30%, orange(Pantone 021C) is accounting for 10%. Arrange according to the picture, used in the appearance of vehicle gas station.

②Trademark description about use a graphic outline to indicate the color location

Designated good: tractor

Trademark description: This color combination mark is made of green and yellow. The green is Pantone364C and yellow is Pantone 109C. The former is used on body of tractor and the latter used in wheel. Graphic outline is used to show where are the colors be used. The body of tractor and appearance are not the constituent elements of trademark.

4. Substantive examination

A. Examination of salient features

Only have the natural color of the designated product, the product itself, the package and commonly used color of the service place, which are not enough to distinguish the function of the goods or the service source, and they are judged as lacking distinctive features.

For example:

Designated good:Tooth paste

Designated good: Washing powder, laundry tablets

Designated service: Hairdressing

Under normal circumstances, color combination mark can get distinctive features through a long-term use. The Trademark Office may issue a written examination opinion to request the applicant to submit the evidence of use, and give a description of the distinctive features.

B. Examination of same or similar

This examination contains 2 aspects. One is between color combination marks themselves, the other is between color combination mark and other forms of trademark.

①Between color combination marks themselves

Both trademarks are color combination marks. When the color and arrangement of the marks are the same or similar, it is easy for the relevant public to confuse about the source of the goods or services. They are same or similar marks.

For example:

However, the colors used by the trademarks are different. Or the colors used are the same or similar, but the arrangement and combination are different, so that the public will not be confused. They are not similar marks.

For example:

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