Legal subjectivity:
1. Instructions for use of trademark query In order to effectively curb data crawling and illegal attacks and ensure the access speed and query effect of ordinary users, the new version of the online query system has added Network security equipment strengthens the security protection mechanism and pre-sets security access rules. Since its launch in May 2017, the average daily access requests to the system have exceeded 20 million, and the public has a good experience. After analysis, the main reasons why a small number of users cannot access the trademark online search system normally are: first, the user's computer has third-party search software or plug-ins installed, which causes unintentional and high-frequency access to the system and restricts access; second, the user's computer Other computers within the public IP address used by the hacker have machine access behavior and trigger access prohibition rules multiple times, causing access to the public IP address to be prohibited. Users can solve the access restriction problem in the following ways: 1. If the user has installed third-party query software or plug-ins, please close the third-party query software or plug-ins, clear the browser cache and try access again after 1-3 hours; 2. If If you are unable to access it for a long time, please contact your network service provider to change the public IP address. If users have any questions, please call: 010-63219461/63219463. Our office is very sorry that a small number of users cannot access normally. We will further optimize the security access rules and provide the public with better trademark query services while responding to illegal attacks. 2. Methods of trademark inquiry The only official organization for trademark inquiry is: Tongda Trademark Service Center (an institution under the State Administration for Industry and Commerce, hereinafter referred to as the "Center"). The specific inquiry methods are as follows: 1. The center only applies for domestic trademarks People and trademark agency organizations should conduct inquiries before applying for trademark registration. Foreigners or foreign enterprises should entrust a foreign-related trademark agency designated by the State Administration for Industry and Commerce to handle trademark inquiries. The types of trademarks to be searched are Chinese (including Chinese Pinyin), English (prefix) and their combined trademarks. Graphic trademarks and the graphic part of the trademark are not currently available for query. 2. Organizations with trademark agency rights approved by the Trademark Office can inquire trademarks by fax, mail, or direct submission for accounting. Enterprises and individuals can only search for trademarks by paying directly. 3. At the request of inquiry units and individuals, in addition to ordinary inquiries, the center can also handle expedited trademark inquiries: Ordinary inquiry: Inquiry results will be provided on the fifth day (excluding statutory holidays) after receiving the "Trademark Inquiry Form". Expedited query: Query results will be provided within 48 hours (excluding statutory holidays) after receiving the "Trademark Query Form". Expedited inquiries by mail will not be processed. 4. Price: (1) Ordinary trademark inquiry: 60 yuan per piece for Chinese trademarks; 100 yuan per piece for foreign language trademarks; 120 yuan per piece for graphic trademarks (no inquiry for the time being). If you request an expedited trademark inquiry, the expedited fee will be doubled according to the above charging standards. Combined trademark search: For example, English (including letters and prefixes) Chinese trademarks (note: refers to trademarks with no definite meaning or inconsistent meaning between English and Chinese), graphic Chinese, graphic English trademarks (not currently searched), then according to Chinese, foreign language The price is charged for two pieces of trademarks. (2) To facilitate charging, domestic fax inquiries are currently tentatively charged an additional fax fee of RMB 20. 5. The trademark search fees of each trademark agency organization shall be allocated to the center regularly by the Trademark Office from the trademark fees paid in advance by each agency organization based on the actual expenses incurred. 6. The center formulates a unified format for trademark inquiry forms and inquiry reports, and each agency organization prints them according to the format. Legal objectivity:
Before registering a trademark, compare the trademark to be registered with the trademark that has been registered or announced or has been accepted by the Trademark Office to determine whether the trademark is similar or identical to this trademark. There are two ways to inquire about trademarks: one is to go to the China Trademark Network to inquire about trademarks; the other is to find a trademark agent online to inquire about trademarks; trademark inquiry means that the trademark registration applicant personally or entrusts a trademark agent to go to the trademark registration authority to inquire about the relevant trademark registration. The procedure is to understand whether the trademark you are applying for registration is the same as or similar to the trademark that has been registered or is being registered by others. Pre-application inquiry is an important step in applying for trademark registration. Although the inquiry results do not have legal effect, it can enable trademark registration applicants to be aware of the situation, reduce blindness, and reduce trademark registration risks, thus greatly reducing expenses. At the same time, strive for more application time.
Trademark search can only search for trademark information that has been entered into the database, so there is a blank period, or a blind spot. Generally, a similar trademark search is done 4 to 6 months after the trademark application to enhance the success rate of trademark registration. Article 28 of my country's Trademark Law stipulates that if a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the trademark shall be replaced by a trademark. The Bureau rejected the application and did not make an announcement. Therefore, an inquiry should be made before applying, so that the trademark can obtain a trademark certificate to the greatest extent possible. At the same time, it generally takes nearly a year for a registered trademark to be accepted by the Trademark Office and announced. If the registered trademark is rejected without inquiry, , not only wasting money, but more importantly, wasting time and delaying the use of the trademark.