Trademark inquiry, as the name suggests, means that the trademark registration applicant personally or entrusts a trademark agent to go to the trademark registration authority to inquire about the trademark registration status, in order to understand whether the trademark he is planning to apply for registration has been registered or is being registered by others. Registered trademarks that are identical or similar.
It is divided into pre-application inquiry and post-application inquiry
1. Pre-application inquiry
Brief description
Before application The search is an important step in applying for trademark registration. Although the search results do not have legal effect, it can make the trademark registration applicant well aware of the situation, reduce blindness, and reduce the risk of trademark registration. Therefore, while greatly reducing expenses, Allow more time to apply.
Necessity
1. Ascertain the obstacles to registration
(1) Check whether there are identical or related products that have been registered or applied for on the same or similar goods. Similar trademark registration increases the chance of successful trademark registration;
(2) If there is an identical or similar previously registered trademark, the trademark to be registered can be modified or adjusted, or the application can be abandoned.
2. Find out whether the trademark can be used safely
(1) Avoid infringement of other people’s registered trademarks by checking the trademark registration status;
(2) ) Reduce publicity and advertising cost losses and reduce business risks.
3. Discover trademark squatting
There are three types of trademark squatters: one is the trademark owner’s partners, such as sales agents. The purpose is to obtain or consolidate their own agent status, or to ask for high transfer fees from the registered trademark; the second category is "free riders", that is, they try to take advantage of the goodwill of the registered trademark and consciously cause consumers to misunderstand. The third is trademark brokering, which is to register other people's trademarks purely for the purpose of defrauding the registered trademark transfer fee or licensing fee, while the squatter himself has no intention of using the registered trademark. Therefore, conducting trademark searches as early as possible can help reduce, avoid and recover losses in discovering trademark squatting. If you find out through inquiry that a preemptively registered trademark is still in the application stage and has not yet been registered, you can promptly file an objection during the opposition announcement period.
2. Inquiry after trademark application
Brief description
Inquiry after trademark application refers to the trademark applicant’s inquiries since trademark registration, change, renewal, and transfer. Inquiries on the trademark processing status when no information is obtained six months after the application for registration, renewal, etc. is submitted. Applicants can log in to the Trademark Network and click on the "Trademark Query" column to query, or they can inquire in person or by letter for free.
Processing: Inquiries after trademark application may be made in person or by letter
(1) Inquiries by incoming persons
1. Inquiries can go to the Trademark Building and Present the acceptance notice or a copy of the paid trademark fee receipt and trademark drawing at the inquiry window of the registration hall for inquiry. When inquiring about the application status of changes, renewals, transfers, license renewals, etc., the registration number or application number of the trademark should also be provided.
2. When inquiries are made in the trademark registration hall, the inquiry results will generally be informed on site; if the results cannot be found at that time, the Trademark Office will notify the inquirer by letter or phone after the results are found.
(2) Inquiry by letter
1. Submit a copy of the acceptance notice, or a copy of the receipt for the trademark fee paid and the trademark drawing, and state this in the letter Inquire about the project, applicant's name, contact person and mailing address, and stamp it with the official seal; if the applicant is a natural person, a copy of his or her ID card should also be attached. When inquiring about the application processing status of changes, renewals, transfers, license renewals, etc., the registration number or application number of the trademark should also be stated. Please send your letter to: General Office of the Trademark Office, No. 1 Chama South Street, Xicheng District, Beijing, Postal Code 100055, and please mark the words "Trademark Inquiry" on the envelope.
2. After the Trademark Office finds out the result, it will notify the inquirer in a timely manner.
Notes
(1) When conducting inquiry business, the inquirer shall submit the acceptance notice or copy issued by the Trademark Office. If the acceptance notice is lost, a copy of the trademark fee receipt must be submitted.
(2) If the trademark applicant has made any corrections or corrections as required or other circumstances have occurred after submitting his or her trademark registration application or application for change, renewal, transfer, certification, etc., please notify us immediately. And indicate it for easy enquiry.