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When applying for a portrait trademark, you should pay attention to these things!

Release Time：

2022-08-03

In daily life, we will also see some brands that use portraits as trademarks, such as the white-bearded grandpa of KFC, Ms. Tao Huabi, the founder of Laoganma, and Wang Shouyi on the condiment Shisanxiang... all belong to portrait trademarks.

In June this year, with the new live broadcast method of "bilingual delivery", Dong Yuhui, the anchor of Oriental Selection, a live broadcast platform owned by New Oriental Online, became popular on the Internet, with the number of fans and total sales in the live broadcast room soaring.

QiChaCha APP shows that recently, Oriental Prestige (Beijing) Technology Co., Ltd. has applied to register multiple Oriental Prestige live broadcast room anchors portrait trademark，Including portraits of "Dong Yuhui, Sun Jiaqi, Sun Chuhan" and others. It is reported that the international classification of these trademarks includes education and entertainment, advertising and sales, agriculture, forestry and fresh food, office supplies, etc. The current progress of the trademarks is: registration application is pending.

A portrait trademark refers to a trademark that the applicant applies for registration using the portrait of an individual or another person as a graphic element. It is a type of graphic trademark. In daily life, we will also see some brands that use portraits as trademarks, such as the white-bearded grandpa of KFC, Ms. Tao Huabi, the founder of Laoganma, and Wang Shouyi on the condiment Shisanxiang... all belong to portrait trademarks.

Portrait trademarks are different from traditional word trademarks, but they are more distinctive and affinity than ordinary trademarks, and are easier to be accepted and remembered by consumers. So what issues need to be paid attention to when applying for a trademark based on a portrait?

1. When applying for registration of your own portrait as a trademark, you must provide an explanation.

2. If someone else’s portrait is registered as a trademark pattern, an explanation should be given, and an authorization statement from the portrait rights holder should be attached. The statement should include (the name and ID number of the portrait rights holder, the name of the authorized person and the authorization). Matters, signature and date of signature of the portrait rights holder), and a copy of the portrait rights holder’s ID card must also be attached.

3. If the person in the portrait is deceased, documentation proving that the applicant has the right to dispose of the portrait should be attached. The certification document should include the portrait of the person applying as a trademark graphic.

4. If someone else’s portrait is applied for trademark registration without permission, the portrait right holder has the right to declare the trademark invalid within five years from the date of trademark registration.

5. If the figures in the trademark design are not real portraits of people, this should be explained in the trademark description.

6. Portraits of great men, historical figures, religious images, and clothing and hats with specific orientations should be avoided as they may easily have adverse social effects, be harmful to social morals, or contain ethnic discrimination.

Overall, the success rate of portrait trademark applications is still higher than that of text/graphic trademarks, which has certain advantages.

The development of an enterprise is inseparable from trademarks. A good trademark can make people remember it deeply. At present, more and more trademarks are being rejected due to similarity or lack of distinctiveness. Therefore, when the registration of trademarks such as words can easily lead to trademark rejection, choosing a portrait as a trademark is also a new way to register a trademark. (Source: Jinmingbiao)

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