Legal Subjectivity:

Things to note when conducting trademark registration inquiries. When conducting trademark inquiries, some applicants will find that there are identical or similar trademarks in the same category, but this does not mean that My own trademark cannot be registered. In fact, the trademark information that applicants can query on the China Trademark Online includes not only trademarks that are being applied for and registered, but also trademarks that have failed to apply and are invalid. Therefore, when you find that the trademarks are similar, you can go to the trademark details page to conduct detailed inquiries. The bottom of the page will display the process, status, validity period and other specific information of this trademark. If the trademark is invalid or has expired, the applicant can reapply. Implicit rules for trademark search Generally speaking, trademark search is a single-category search based on the category of goods or services. For example, if you want to register a clothing trademark, you need to conduct a similar search in Class 25. However, the "Trademark Search" currently used by the Trademark Office In the Table of Differentiation of Similar Goods and Services, there are also "serious" problems with cross-category similarity. Cross-category similarity refers to goods or services that are not in the same category and are extremely similar in terms of functions, usage methods and purposes, sales channels, etc., and therefore constitute similar goods or services to each other. For example, 3002 "tea beverages" in the 30th category are similar in function and usage to 3202 "non-alcoholic beverages" in the 32nd category, so the two in different categories are similar products to each other. When this happens, the applicant needs to conduct trademark searches in the two categories. However, given that this situation of cross-category similarity is too special, two seemingly unrelated categories may often lead to similarities. It is recommended that applicants consult professionals with rich knowledge and experience in commodity classification to try to avoid unnecessary mistakes. Similarity across categories results in trademark registration failure. In addition, the existence of well-known trademarks also creates certain difficulties in trademark searches. my country’s Trademark Law stipulates that well-known trademarks that have been registered in my country enjoy cross-category protection. That is to say, even if a trademark is only registered in a certain category, because it is recognized as a well-known trademark, others may use it in other categories. It is also not possible to register identical or similar trademarks. Understand the standards and rules of trademark inquiry. Trademark inquiry is not only to inquire about the similarity of trademarks, but also to determine whether the trademark violates the relevant provisions of the trademark law and whether the trademark is distinctive. This requires trademark applicants to fully understand the relevant provisions of my country’s Trademark Law and Articles 10 and 11 of the Trademark Law Implementation Regulations, carefully study the criteria for judging trademark similarity, and fully understand hundreds of The trademark classification table on page... In addition, lack of experience is also an important factor affecting the applicant's trademark search. Lack of experience will cause deviations in the applicant's judgment of the similarity and distinctiveness of the trademark, which will not only reduce the accuracy of the trademark search , which will eventually affect the trademark registration results and lead to registration failure. Regular trademark agencies have a group of experienced professionals who understand trademark review standards and review rules. Therefore, the professional opinions they provide can effectively avoid human errors and greatly improve the success rate of trademark registration. Therefore, those who lack professional knowledge and experience It is still necessary for friends to choose a reliable trademark agency.