Traditional Culture Encyclopedia - Photography major - What changes will be revoked or recognized as infringement after the examination and approval of the film trademark?
What changes will be revoked or recognized as infringement after the examination and approval of the film trademark?
As you can know from Bajie's Encyclopedia of Intellectual Property Trademarks, movie trademarks belong to 4 1 -4 105-entertainment and sports activities services-making movie subtitles 4 105, renting movie photographic equipment 4 10006, and serving movie studios 4 1008. Enterprises can choose this category first in the production or screening of movies.
Then, after the trademark is approved, can the enterprise use the trademark in the market with confidence? Of course, this is not the case. As long as a trademark has legal effect, it cannot be completely ignored. Many times, if an enterprise changes its trademark unintentionally, it will face the category of revocation or infringement. We can make a list of possible situations to prevent repeating the same mistakes.
① Modify the font of the trademark: the font of the trademark has been determined at the time of trademark application. After successful registration, it can only be used as it was at the time of application. If the font of a trademark is modified because of other modifications, it belongs to trademark modification and forms a new trademark, which is not protected by law and sometimes even faces the crisis of infringement;
(2) Change the size ratio when registering a trademark: Because the trademark is used for different packaging or commodity shapes, the trademark can be enlarged or reduced in proportion, but it must be changed according to the ratio of 1: 1. If the enterprise changes the size ratio of the trademark without authorization, it also belongs to the act of changing the trademark without authorization;
③ Trademark information change: If the trademark is renewed on time, the trademark can be used by the enterprise indefinitely. In the process of use, it is inevitable to change the address and other information. At this time, an application for change must be submitted to the Trademark Office. If the change is not reported to the Trademark Office, it is also an unauthorized change of the registered trademark.
④ Changing the trademark color: When registering a trademark, it can be divided into black and white registration and designated color registration. If the trademark is registered in black and white, that is, no color is specified, then colors can be added as needed when using it. If the trademark is the color specified at the time of registration, it must be used as it was at the time of application and cannot be modified.
⑤ Composition of adding or subtracting trademark elements: When an enterprise uses a trademark, it can add or subtract trademark parts according to its business needs, which is an act of changing a registered trademark without authorization. However, if another point is involved, separate registration and combined registration of trademarks, separate registered trademarks and reduced elements can also form trademarks that meet the legal requirements, while combined trademarks cannot reduce the elements of trademarks.
All the above situations may threaten the registration of trademarks, because changing all kinds of information is likely to lead to the revocation and invalidation of trademarks. Of course, if the changed trademark is similar to the trademark approved by others, it will not only be revoked, but even be judged as trademark infringement and bear corresponding responsibilities.
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