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How to do a trademark search?

Trademark search methods:

1. Search the category of trademark registration

The category search of trademark registration is based on market demand. Trademark applications are divided into commodity categories (categories 1-34) and service categories (categories 35-45) based on use, with ***category 45. For example, if an enterprise wants to develop a game-related trademark, after registering the core category of computer game software in category 9, it also needs to register categories such as game consoles in category 28, and online games based on computer networks in category 41.

2. Search whether there is already an identical or similar trademark for the applied trademark

The trademark consists of text or graphics or a combination of graphics and text. When applying for registration of a combination of picture and text trademark (the trademark contains both text and graphics), the Trademark Office examiner will examine the graphics, Chinese and English separately. If the text passes the review but the graphics do not, the trademark will be rejected.

On the contrary, if the graphics pass the review but the text does not, it will also be rejected.

According to the principles of trademark examination standards, different elements in a trademark need to be examined separately. If any one of the elements is similar, the trademark as a whole will be rejected. Therefore, every single element such as graphics and text must be retrieved.

In addition, in addition to searching for the category of the trademark and whether it is similar or identical before, it is also necessary to consider whether the trademark has adverse effects and whether it is distinctive.

Why is trademark search important?

1. Prevent trademarks from being registered

If similar trademarks cannot be found, there may be a risk of trademarks being registered. If you do not find out through trademark search that someone has already registered this trademark at this time, you will most likely miss the opposition announcement period and be unable to file an objection in time.

2. Prevent the risk of cross-category similarity

Cross-category similarity refers to goods or services that are not in the same category, but are similar in terms of functions, usage methods and purposes, sales channels, etc. They are extremely similar and thus constitute similar goods or services to each other.

For example, if you want to sell beverages and drinks, if you only register the 32nd category of beer beverage products, there will be a risk of cross-category similarity, because the tea beverage category in the 30th category is different from the functions and usage methods of the 32nd category. The 32 categories of beer and beverages are similar, and the two types of beer and beverages in different categories are similar products to each other.

If you conduct a trademark search in advance, you can effectively prevent the risk of cross-category similarity.

3. Effectively identify registration roadblocks.

If you do not search for trademarks, you will not know whether there is an identical or similar trademark that has been registered. The probability of successful trademark registration will be greatly reduced, and the cost of time and money will increase.

4. Beware of the hidden dangers of wasting advertising expenses and preparing the wedding dress for others.