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What are the advantages of registering combined marks separately?

Release Time：

2022-08-18

We will give you an example of the trademark registration of well-known companies to help you feel more intuitively. "Jingdong", we are familiar with several signs are: "Jingdong", "JD.com", "graphics". As far as these three trademarks are concerned, Jingdong is registered separately, so in the process of use, it is relatively free and can be freely used in combination.

(Photo from Internet)

Three elements, free combination, dog figure on the left, English and Chinese elements on the right to arrange up and down distribution.

(Photo from Internet)

You can also figure on top, pinyin and Chinese characters on the bottom, respectively, left and right distribution.

(Photo from Internet)

Of course, related elements can also be used separately. So many free arrangements are based on the three elements of the successful registration of the case, if Jingdong is to take the overall submission of registration, then in the later use of the process is not so convenient. A good trademark name is really a brain-burning thing, if racking your brains to think of a trademark but because of a certain element of the problem is rejected as a whole, is it not worth it?

What are the advantages and disadvantages of separate registration of combined marks?

Advantages:

1. Improve registration success rate

The most important thing to register a trademark is the success rate, and separate registration can effectively improve the approval rate of the trademark. When the Trademark Office carries out substantive examination, it will separate the elements such as text and graphics in the trademark for examination. Therefore, as long as there is an element in the combined trademark that is similar or the same as the trademark of others, the trademark will be identified as a similar trademark as a whole, which will be rejected and cannot pass the examination. Registered trademarks have a blind search period of 3 to 4 months, so the risk of trademark portfolio application is increased. Separate registration, even if one of the trademarks is rejected because of the prior rights of the trademark, it does not affect the other parts of the application.

2. Flexible and easy to use

One of the advantages of registering trademarks separately is that they can be used flexibly. We will find that some brands use different trademarks on different occasions and products, but these trademarks convey the same information to us, and sometimes we will see them used together, which is the case of separate registration of combined trademarks. Each element of the separate registration of the trademark can be split or combined when used, and the position can also be changed at will, which is very convenient to use. For example, the Nike brand trademark has text, graphics and other forms, they will be used in different ways according to the characteristics of different products in different places.

3. Save time by registering separately

A combined trademark application is examined more slowly than a separate application, because each part is examined separately and the separate application does not affect each other.

4. Conducive to trademark protection

Separately registered trademarks can be used separately or in combination, which can effectively enhance the defense capability of trademarks on the basis of improving the success rate of registration. In a combined trademark, the infringer uses only part of the combined trademark, and the court may not necessarily find that the trademark used by the infringer is similar to the combined trademark. The trademarks registered separately are independent and distinctive; In case of infringement, it is convenient to defend rights.

Cons:

Because trademark registration is applied in accordance with a standard class, the combination application is one piece of money, separate registration is several copies of money, the cost has increased, but in the case of guaranteed funds, seemingly more money, in fact, it is more of a guarantee, the intangible benefits generated are far greater than the cost generated by separate registration.

Summary:

Separately registered trademarks can be freely arranged and combined in the use of the process, we are allowed to apply for multiple elements separately in the case of financial conditions, which not only saves the application time, but also improves the approval rate of the application, which can be described as multiple kills with one stone.

Source: Standard Commune

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