Notes on trademark registration inquiry, some applicants will find the same or similar trademarks in the same category, but this does not mean that their trademarks cannot be registered. In fact, the trademark information inquired by the applicant on China Trademark Online includes not only the trademarks that are being applied for and registered, but also the trademarks that have failed to apply for and are invalid. Therefore, when the trademark is found to be similar, you can enter the trademark details page for details inquiry, and the specific information such as the process, status and validity period of this trademark will be displayed at the bottom of the page. If the trademark is invalid or the validity period has expired, the applicant may apply again. Implicit rules of trademark inquiry Generally speaking, trademark inquiry is a single-category inquiry according to the category of goods or services. For example, if you want to register a clothing trademark, you need to make an approximate inquiry in the 25th category. However, there is still a "serious" problem of cross-category approximation in the Distinguishing Table of Similar Goods and Services currently used by the Trademark Office. Cross-category approximation means that goods or services that are not in the same category are highly similar in function, usage and use, sales channels, etc., so they form similar goods or services with each other. For example, 32 "tea beverage" in the 3th category is similar to 322 "non-alcoholic beverage" in the 32nd category in terms of function and usage, so the two in different categories are similar commodities. When this happens, the applicant needs to make trademark inquiries in two categories respectively. However, in view of this special situation of cross-category approximation, two seemingly unrelated categories may often cause similarity. It is recommended that the applicant consult professionals with rich knowledge and experience in commodity classification to avoid trademark registration failure due to cross-category approximation. In addition, the existence of well-known trademarks has also caused certain difficulties in trademark inquiry. China's Trademark Law stipulates that well-known trademarks registered in China enjoy cross-category protection, that is to say, even if a trademark is registered in a certain category, others may not register the same or similar trademarks in other categories because it is recognized as a well-known trademark. Understand the standards and rules of trademark inquiry. Trademark inquiry is not only to inquire about the approximate situation of trademarks, but also to judge whether trademarks violate the relevant provisions of the trademark law and whether trademarks are significant. This requires trademark applicants to fully understand the relevant provisions of Articles 1 and 11 of China's Trademark Law and the Regulations for the Implementation of Trademark Law, carefully study the criteria for judging trademark approximation, and fully understand the trademark classification table with hundreds of pages ... In addition, lack of experience is also an important factor affecting the applicant's trademark inquiry. Lack of experience will lead to deviations in the applicant's approximate judgment and significance judgment of trademarks, which will not only reduce the accuracy of trademark inquiry, but ultimately. The regular trademark agency has a group of professionals who are experienced and understand the trademark review standards and evaluation rules. Therefore, the professional advice provided can effectively avoid human error and greatly improve the success rate of trademark registration. Therefore, it is necessary for small partners who lack professional knowledge and experience to choose a reliable trademark agency. Legal objectivity:
Article 3 of the Trademark Law of the People's Republic of China is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council. Article 22 of the Trademark Law of the People's Republic of China * * * An applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and apply for registration.