Intellectual Property at Christmas | The university in the logo asked

2022-12-23

Christmas is not our holiday, but due to the hype of the festive atmosphere by merchants, this festival originating from the West has gradually been taken seriously. However, those who want to make a fortune at Christmas must avoid intellectual property issues.

If you want to get a piece of the pie at this point in Christmas, you must first have a good logo.

Be cautious before registering a trademark, as many trademarks have already been registered, including "Christmas", "Merry Christmas", "Santa Claus", "Christmas Eve", "Christmas Eve", "Carnival Night", etc. At the same time, it is also necessary to pay attention to the registration of the relevant categories.

Search for the word "Christmas" on the website of the Trademark Office, and there are currently 929 related trademarks; There are also 151 "Christmas" related trademarks.

China's current Trademark Law stipulates that the owner of the exclusive right to use the registered trademark has no right to prohibit others from using the generic name, graphics, conformity, or direct indication of the quality of the goods contained in the registered trademark. In other words, even if such a festival trademark is registered, it is difficult to enjoy the "exclusive right".

The biggest problem with this type of trademark is that it is not distinctively a trademark itself, so even if it is registered as a trademark, it is possible to give up the exclusive right and have no right to prohibit others from using it as a commonly used or even generic auspicious or festive language.

Registering a trademark is a matter of knowledge, and registering a trademark with a generic name, even if it is successfully registered, does not necessarily prohibit others from using similar trademarks altogether. Therefore, it is recommended to find a professional agency to give advice before registering a trademark, so that you will not spend money in vain and register a trademark of little value!

Source: Trademark Office of the State Intellectual Property Office, Tencent.com, Zhihu