1. Trademark pattern
Take word mark as an example. If the trademark of the domestic obligee is "CYAST" and several very similar trademarks are found in the inquiry, there is a great risk that the application for this trademark will be rejected in the destination country. At this point, the obligee can design the trademark graphically, or add graphics to enhance the distinctiveness of the trademark, so the so-called "prior approximate trademark" will no longer constitute an obstacle.
In addition, if several prior trademarks starting with "CYA" are found in the query of "CYAST" trademark, the obligee does not have to give up easily. Generally speaking, if more than one trademark containing the same letter combination can exist in the destination country, the possibility of the inquired trademark and these prior trademarks will also increase. Of course, the possibility that the trademark is rejected by the Trademark Office of the destination country cannot be ruled out, because these prior trademarks are likely to be finally registered through review and defense.
2. The name of the trademark owner is also important information in the inquiry report.
There are two situations that need attention. First, if the inquirer finds that the owner's name of the previous trademark is almost the same as its company name, it may be that a trademark that was successfully registered in the country before has been found. At this time, what we need to do is to immediately change the name of the owner of the trademark registered in these countries before submitting a new trademark application.
Second, if the owner of the prior trademark is a distributor or branch of the inquirer in the country, and the product category and even product items are exactly the same, it is likely to have been registered by a registered trademark. At this time, it is usually to apply for the cancellation of the prior trademark first, or to communicate with the squatter and sign a trademark transfer agreement.
3. Commodity categories and commodity items Generally speaking, it is best for the inquirer to provide specific commodity names, so that the trademark inquiry is more targeted.
If no specific commodity name is provided, the agency will query the whole category. It should be noted here that some countries' query reports will show the query results of other related categories. For example, the inquirer wants to inquire about the "land vehicles" in the international classification 12, and the inquiry report also shows the similar trademarks in the 37th category. At this time, we must not take it lightly, thinking that the goods are not in the same category and will not pose an obstacle. Usually, if the trademark inquiry involves a country, the Trademark Office will also review the relevant categories when reviewing the trademark application and issue a rejection.