I believe that every trademark applicant will have doubts about what he inquires before applying for trademark registration. Why is this trademark similar and why is it risky? After reading the following precautions for substantive examination of trademarks, you will understand ...

(1) Examination of Chinese trademarks

1. Trademark words are composed of Chinese characters and Hanyu Pinyin, which corresponds to the pronunciation of Chinese characters, and Chinese characters should be established. Such as trademarks? YUSEN Yusen? , set up a Chinese character card? Yusen? , Pinyin card? YUSEN? .

if Chinese pinyin does not correspond to the pronunciation of Chinese characters, Chinese characters, pinyin and English cards should be set up for retrieval. Such as trademarks? Tang zhong TANGZONG? , set up a Chinese character card? Tang Zhong? , Pinyin card? TANGZHONG; TANGZONG? , English card? TANGZONG? .

if Chinese pinyin does not correspond to the pronunciation of Chinese characters, and there are many spelling forms, pinyin cards should be set up according to all the syllables that can be spelled, such as trademarks? Super eagle CAOYIN? In addition to the Chinese character card? Super eagle? , English card? CAOYIN? Besides, you should also set up pinyin cards? CHAOYING; CAOYIN; CAOYIN? .

2. If official script, cursive script, seal script or traditional Chinese characters are used as trademarks, separate cards shall be set up according to the corresponding simplified Chinese characters for retrieval. Trademark words are artistic or graphical, but can be clearly identified as Chinese characters. Chinese characters and pinyin are divided into cards for retrieval.

3. If a trademark contains typos or self-made words that do not conform to the provisions of the Law of the State on Languages and Characters, it shall be rejected according to Article 1, paragraph 1 (8) of the Trademark Law (see the Minutes of the Trademark Examination Business Meeting, No.18, 22).

(II) Examination of Chinese Pinyin Trademarks

If a trademark is composed of Chinese Pinyin, it shall be searched in Pinyin and English. Such as: trademarks? YUSEN? , set up an English card? YUSEN? , Pinyin card? YUSEN? ; Trademark? CAOYIN? , set up an English card? CAOYIN? , Pinyin card? CAOYIN; CAOYIN? .

(III) Examination of foreign trademarks

1. For English trademarks, it should be determined whether they have meanings. Translate meaningful words into Chinese, and set up Chinese characters and pinyin cards for retrieval; If there are multiple Chinese meanings, the main and commonly used meanings will be translated into Chinese, and Chinese characters and pinyin cards will be set up for retrieval.

2. Trademarks that are connected by several commonly used meaningful foreign words can be translated into Chinese, and Chinese characters and pinyin cards should be set up for retrieval, such as trademarks? redrain? , should be translated into? Red rain? , set up an English card? redrain? Chinese characters are divided into cards? Red rain? , Pinyin card? hongyu? ; If you can't translate the clear meaning, just set up English cards and search, such as trademarks? ableparkpart? , set up an English card? ableparkpart? .

3. If a foreign trademark can be spelled into Chinese Pinyin, whether it has meaning or not, it should be searched in English and Pinyin separately. Such as trademarks? geride? , set up a pinyin card? geride? , English card? geride? ; Trademark? panda? , should be translated into Chinese? Panda? , set up a Chinese sub-card Panda? , Pinyin card? xiongmao; panda? , English card? panda? .

4. If foreign trademarks can be expressed in English letters, English cards shall be set up for retrieval; If it cannot be expressed in English letters, it shall be searched according to the graphic trademark.

(IV) Examination of digital trademarks

Trademarks are Arabic numerals or some of them are Arabic numerals. In addition to Arabic numerals, corresponding Chinese characters and pinyin cards must be set up for retrieval. Such as trademarks? 153? , set up Arabic numeral cards? 153? Chinese characters are divided into cards? One, five, three , Pinyin card? YIWUSAN? .

(V) Examination of graphic trademarks

1. When examining graphic trademarks, if the trademark pattern is not clearly displayed, use it? Graphic viewing? If the program is still unclear, it will be returned to the formal review.

2. When examining graphic trademarks, the registry and standard dictionary library should be searched.

3. When examining graphic trademarks, the examiner may add graphic elements to search if necessary.

(VI) Examination of trademarks applied for on the same day

When an examiner finds the same or similar trademarks applied for on the same day on the same or similar goods, he shall report to the Registrar, who will coordinate with him to ensure that relevant notices are issued to all applicants at the same time.

the specific operation shall be carried out in accordance with the procedures for substantive examination of trademark registration application on the same day.

(7) Cross-search of similar goods

Due to several revisions of the Table of Similar Goods and Services and other historical reasons, the similar group numbers of some goods and services in the trademark database are not consistent with those in the current Table of Similar Goods and Services. When reviewing, similar groups should be deleted before reviewing, so as to avoid missing and wrong investigation.

please refer to the cross-retrieval list of similar commodities for the cross-retrieval of similar commodities.

(VIII) Determination of the right date and right status of an internationally registered trademark

1. When viewing the priority date of an internationally registered trademark, you should click the priority file number (displayed in red) and confirm whether there is any priority remark information about the internationally registered trademark in the pop-up information window. If there is no priority remark information, the priority applies to all goods and services of all categories in the international registration; If there is priority remark information, priority only applies to the goods and services involved in the remark information.

2. The date of application for international registration displayed in the examination interface is the date of receipt by the Trademark Office, which has nothing to do with the date of international registration of the trademark and should not be used as the basis for judging prior rights. In trademark examination, the priority date of an internationally registered trademark should be confirmed in the following order: (1) priority date; (2) later designated date; (3) date of international registration. In the international registration information, there are some cases in which some categories or some commodities are rejected, and the same international registration application is specified for many times (for example, it is specified at the time of international registration, and then specified at the later stage). In addition to following the above principles, the date of prior right should be judged according to the specific circumstances.

3. Because there are many types of internationally registered trademarks, the displayed rights status is inconsistent with the actual status. For example, a certain type of international cancellation in multi-category applications for international registration, and other categories of this registration number that have not applied for cancellation are also shown as international cancellation, such as G82767, which only applies for cancellation in category 9 and does not apply for cancellation in category 42, but also shows international cancellation in the review interface. In addition, there are similar situations such as rejection or partial rejection, international deletion and rejection review. At this time, we should check the comprehensive information to determine the status of trademark rights, and contact the international registration office when it is difficult to determine the status of rights.

(IX) Examination of non-dedicated parts in trademarks

1. If a trademark contains non-dedicated parts, the special parts of the trademark should be divided into separate cards in addition to the whole. Such as trademarks? Xilong technology management? , need to set up a Chinese character card? Xilong technology management; Xilong? , Pinyin card? xilongjishujingying; xilong? .

2. When editing the description of waiver of exclusive rights, the following methods should be followed:

(1) In the editing column of waiver of exclusive rights, delete the part of the applicant's design description and keep only the part of waiver of exclusive rights.

(2) when deleting, use the mouse to select the part to be deleted, and use? Delete? 、? Backspace? Delete key, don't use it? Space bar? Delete. Use half-width double quotation marks for quotation marks, and leave no punctuation marks at the end.

(3) press? Are you sure? Save.

(1)? Name of administrative division at or above the county level? And? Foreign place names known to the public? Trademark review

1. If the trademark to be examined is the name of an administrative division at or above the county level, it will pop up during the review. Retrieved protected characters? The prompt, click on the bottom right corner? Envelope? Icon to confirm whether the trademark has other meaning.

2. If the trademark to be examined is in Chinese, what shall be used when the examiner thinks that the trademark may be a Chinese translation of a foreign place name? Kingsoft iciba? Confirm.

3. If the trademark to be examined is a foreign place name that has been discussed at the Bureau's business review meeting, it will pop up on the screen during the review. Retrieved protected characters? The prompt, click on the bottom right corner? Envelope? Icon, will display the results of the meeting minutes about whether the pending trademark is known to the public for foreign place names.

4. If the trademark to be examined is the name of an administrative division at or above the county level or a foreign place name that has not been discussed at the Bureau's business meeting, it shall be reported to the Bureau's business meeting for discussion.

(Xi) Problems that should be paid attention to in trademark rejection and partial rejection

1. The notice of rejection or partial rejection shall accurately apply the relevant legal provisions.

2. If the trademark to be examined is rejected for absolute reasons on some commodities and for relative reasons on some commodities, the part rejected for absolute reasons shall be searched for whether it has prior rights.

3. When a part of a pending trademark is rejected for absolute reasons, it is necessary to search whether other parts of the trademark have prior rights. If there is a prior similar trademark, it should also cite relative reasons to reject it. As in medicine? Snow Mountain and Stomach Treasure? Trademark, clothing? Tianlong nano? Trademarks, except those cited first? Snow mountain? 、? Tianlong? In addition to trademark rejection, it is also necessary to cite the prohibition clause to reject it? Wei Bao? 、? Nano? Part.

4. when the trademark to be examined is to be rejected for absolute reasons, the examination and handling of the same trademark in all categories should be retrieved. In addition to considering the particularity of all kinds of goods/services, the examination standards of the same trademark in different categories should be unified.

5. If the pending trademark is rejected or partially rejected on relative grounds, the following issues should be noted:

(1) Confirm the right status of the cited trademark. If the cited trademark has information such as priority, renewal, change, transfer and cancellation, please check the details.

(2) The refutation should clearly point out the specific similarity between the pending trademark and the cited trademark.

(3) If the same element of a trademark needs to be rejected by citing more than two trademarks, similar goods shall be indicated.