If you accidentally specify the color scheme of the trademark when applying, and later find that the color is a bit off-putting, if you want to change it, you can only resubmit the application for trademark registration as a newly applied trademark. If you change the color of the designated trademark without authorization, it is equivalent to changing the registered trademark without authorization, or even pretending to be a registered trademark.
After the change, if it is similar to the registered trademark of others, it may also involve trademark infringement, resulting in the revocation of the trademark or huge compensation. Moreover, for some trademarks, color is also an important element of its distinctiveness, and frequent color change is not conducive to the development of the brand.
Imagine, is it strange that Coca-Cola turns blue and Pepsi turns red? However, for decorative purposes, it is usually allowed to add borders, shadows, shading or gradient colors to trademarks.
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Trademark registration needs to follow the following principles:
1. The principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Producers and operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that are required to use registered trademarks according to national laws and administrative regulations must apply for trademark registration. Without approval, goods may not be sold in the market.
2. The principle of uniqueness. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent right, name right and copyright).
3. The principle of trademark legality. A trademark applying for registration shall not use any sign prohibited by law. Registered trademarks using geographical names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name. If the principal or the principal has any objection, it shall not be registered and the use thereof shall be prohibited.
If a trademark contains a geographical indication of a commodity, and the trademark does not come from the area marked by the mark, misleading the public, it shall not be registered and its use shall be prohibited; The place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
4. When examining and announcing the application for trademark registration, if two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark of the earlier application shall be preliminarily examined and announced; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
5. The principle of prohibiting cybersquatting. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means.
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