Home FAQ Intellectual Property Rights Trademark Registration Frequently Asked Questions When Filing Trademark Application (III)
Frequently Asked Questions When Filing Trademark Application (III)
Q: |
Which mark shall I register? Word mark? Device mark? Combination mark? |
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A: |
For example:
There is no perfect option for different situations, it depends on what is your first consideration. If you worry your trademark name is squatted by others, you shall file the word mark immediately once you have decided the brand name. Such a trademark will allow the owner to use its trademark logo in any font and style. If you have to control budget and do not want to submit too many applications, you can submit the well-designed device mark or combination mark. If you concern the usage of ®, then you shall submit separate applications for the parts that you would like to put the ®. |
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Q: |
How many applications shall I apply for my mark which consist English characters, Chinese characters and logo? |
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A: |
For example:
There is no perfect option for different situations, it depends on what is your first consideration. If you have to control budget, you can submit the combination mark in one application. If you concern the usage of ® and want to use ® on the English characters, Chinese characters and logo separately, then you shall submit separate applications for English characters, Chinese characters and logo. |
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Q: |
Should I register my trademark in colour or in black and white (B&W)? |
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A: |
For example:
A colour claim is a limitation and narrows down the protection for a mark. It is usually advisable to claim colour when a particular colour is considered to be an important and essential element of the mark. For most countries, only one mark could be submitted for each application. It is advisable to file the B&W logo. If finances allow, a separate application for colour mark may be filed at the same time. For some countries, e.g. Hong Kong, Singapore, Australia, etc. you are allowed to submit series marks for one application. Then you may request to submit both colour mark and B&W mark in one application. |
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Q: |
What is series mark? |
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A: |
For most countries, only one mark could be submitted for each application. In contrast with this kind of application, which is series mark application. Series mark application is one application covers more than one mark. However, the requirement of a series mark application are the characteristics of series marks shall be essentially the same, essentially indistinguishable and the differences are not affecting the consistency of the marks. Examples of marks forming a series: A)Differences in upper and lower case:
B)Same word in different scripts or fonts:
C)Differences in punctuation:
D)Chinese words in traditional and simplified characters:
E)Differences in non-distinctive feature of colour:
Examples of marks (may) not forming a series:
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Q: |
How to present a trademark in Black and White if it consists more than one colour? |
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A: |
It is advisable to use different level of grey colours to present different colours. You may ask your designer to adjust it. For example:
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