Trademark substantive examination includes examination of Chinese character trademarks, examination of Chinese Pinyin trademarks, examination of foreign language trademarks, examination of digital trademarks, examination of graphic trademarks, etc. What matters should be paid attention to during the trademark review process? Let’s take a look below.

(1) Examination of Chinese Character Trademarks

1. The trademark text consists of Chinese characters and Chinese Pinyin. If the Chinese Pinyin corresponds to the pronunciation of the Chinese characters, separate cards for Chinese characters and Pinyin should be established for Retrieve. For example, the trademark "YUSEN" has a Chinese character card "YUSEN" and a pinyin card "YUSEN".

If the Chinese pinyin does not correspond to the pronunciation of Chinese characters, separate cards for Chinese characters, pinyin and English should be set up for search. For example, the trademark "TANGZONG" is divided into Chinese character cards "Tang Zhong", Pinyin cards "TANGZHONG; TANGZONG", and English cards "TANGZONG".

If the pronunciation of Chinese pinyin does not correspond to the pronunciation of Chinese characters, and there are multiple spelling forms of pinyin, pinyin cards should be set up according to all the syllables that can be spelled, such as the trademark? Chaoying CAOYIN?, except for setting up Chinese characters. In addition to the score card "Chao Ying" and the English score card "CAOYIN", the pinyin score card "CHAOYING; CAOYIN; CAOYIN" should also be established.

2. If the trademark is in official script, cursive script, seal script or traditional Chinese characters, it should be searched according to the corresponding simplified Chinese character stand card. If the trademark text is artistic or graphic, but can be clearly identified as Chinese characters, separate cards for Chinese characters and pinyin will be set up for search.

3. If the trademark contains typos or self-made characters that do not comply with the provisions of the National Language and Character Law, the application will be rejected in accordance with Article 10, paragraph (8) of the Trademark Law (see Trademark Examination Business Meeting Minutes" Issue 18, 2002).

(2) Examination of Chinese Pinyin trademarks

If the trademark is composed of Chinese Pinyin, Pinyin and English cards should be separated for search. For example: the trademark ?YUSEN?, the English card is ?YUSEN?, the pinyin card is ?YUSEN?; the trademark ?CAOYIN?, the English card is ?CAOYIN?, the pinyin card is ?CAOYIN;CAOYIN?.

(3) Examination of foreign language trademarks

1. For English trademarks, it should be determined whether they have meaning. If it has a meaning, translate it into Chinese, and separate it into Chinese characters and Pinyin for retrieval; if it has multiple Chinese meanings, translate its main and commonly used meaning into Chinese, and separate it into Chinese characters and Pinyin for retrieval.

2. For a trademark that is composed of several commonly used foreign words with meaning, and a clear meaning can be translated, it should be translated into Chinese, divided into Chinese characters and pinyin, and searched, such as trademark? redrain? should be translated as "红雨", and the English card is divided into ?redrain?, the Chinese character card is ?红雨?, and the pinyin card is ?hongyu?; if the clear meaning cannot be translated, only the English card is used to search. For example, the trademark ?ableparkpart?, the English sub-card ?ableparkpart?.

3. If a foreign language trademark can be spelled into Chinese Pinyin, regardless of whether it has meaning or not, English and Pinyin cards should be set up for search. For example, the trademark "geride" should be translated into Chinese pinyin card "geride" and English card "geride"; the trademark "panda" should be translated into Chinese "panda", and the Chinese pinyin card "panda" and pinyin card "xiongmao;panda" should be translated. , English score card?panda?.

4. If the foreign language trademark can be expressed in the form of English letters, an English card should be set up for search; if the foreign language trademark cannot be expressed in the form of English letters, the search should be carried out according to the graphic trademark.

(4) Examination of digital trademarks

If the trademark is Arabic numerals or part of it is Arabic numerals, in addition to the Arabic numerals card, the corresponding Chinese character and pinyin card must also be set up , to search. For example, the trademark number is "153", and the Arabic numeral card is "153", the Chinese character card is "153", and the pinyin card is "YIWUSAN".

(5) Examination of graphic trademarks

1. When examining graphic trademarks, if the trademark pattern is not clear, use the "Graphic View" program to view it. If it is still unclear, the form will be returned. review.

2. When examining graphic trademarks, the registration database and standard dictionary database should be searched.

3. When examining a graphic trademark, if the examiner deems it necessary, graphic elements may be added for search.

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

When the examiner discovers an identical or similar trademark applied for on the same or similar goods on the same day, he should report it to the Director, who will Coordinate 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 "Substantial Examination Procedures for Applications on the Same Day of Trademark Registration".

(7) Cross-retrieval of similar goods

Due to several revisions of the "Classification 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 the same as those of similar goods and services. The current "Classification List of Similar Goods and Services" does not match the similar group numbers. During review, similar groups should be deleted and reviewed again to avoid missed or wrong checks.

For information on the cross-retrieval of similar goods, please refer to the "Similar Goods Cross-Retrieval Details".

(8) Determination of the rights date and rights status of an internationally registered trademark

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

2. The date of international registration application displayed on the review interface is the date of receipt by the Trademark Office. It has nothing to do with the date of international registration of the trademark and should not be used as a basis for judging prior rights. During trademark examination, the prior right date of an internationally registered trademark should be confirmed in the following order: (1) priority date; (2) subsequent designation date; (3) international registration date. In the international registration information, some categories or some goods of a certain category have been rejected, and the same international registration application has been designated multiple times (for example, designated at the time of international registration, and designated again at a later stage). In addition to following the above principles, the review should also be based on specific circumstances. The situation determines the date of prior right.

3. Since an internationally registered trademark covers multiple categories, the displayed rights status may be inconsistent with the actual status. For example: in a multi-category application for international registration, a certain category of international cancellation is also displayed as international cancellation for other categories of this registration number that have not applied for cancellation, such as G820767. Only the relevant cancellation application is submitted for category 9, but not for category 42. I applied for cancellation, but it was also displayed as international cancellation on the review interface. In addition, there are similar situations such as rejection or partial rejection, international deletion, and review of rejection. At this time, comprehensive information should be reviewed to determine the trademark rights status. If it is difficult to determine the rights status, the International Registration Office should be contacted.

(9) Examination of trademarks containing non-exclusive parts

1. If a trademark contains non-exclusive parts, in addition to dividing the whole into separate cards, the exclusive parts of the trademark should also be separated Stand card. For example, the trademark "Xilong Technology Management" needs to be divided into Chinese character cards "Xilong Technology Management; Xilong" and pinyin cards "xilongjishujingying; xilong".

2. When editing the description of the relinquishment of exclusive rights, the following procedures should be followed:

(1) In the edit column of relinquishment of exclusive rights, delete the applicant's design description and retain only Waiver of exclusive rights.

(2) When deleting, use the mouse to select the part to be deleted, and use the "Delete" and "Backspace" keys to delete. Do not use the "Spacebar" to delete. Use half-width double quotation marks with no punctuation marks at the end.

(3) Press OK to save.

(10) Examination of “names of administrative divisions at or above the county level” and “foreign place names known to the public” trademarks

1. If the trademark to be reviewed is the name of an administrative division at or above the county level, During the review, a prompt "Protected characters found" will pop up. Click the "envelope" icon that appears in the lower right corner to confirm whether the trademark has other meanings.

2. If the trademark to be reviewed is in Chinese and the examiner believes that the trademark may be the Chinese translation of a foreign place name, use "Kingsoft PowerWord" to confirm.

3. If the trademark to be reviewed is a foreign place name that has been discussed at the Bureau’s review business meeting, the prompt “Protected characters retrieved” will pop up on the screen during review. Click the “envelope” icon that appears in the lower right corner. , will display the results of the meeting minutes regarding whether the pending trademark is a foreign place name known to the public.

4. If the pending trademark 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 review meeting, it should be reported to the bureau's review meeting for discussion.

(11) Issues that should be paid attention to when rejecting or partially rejecting a trademark

1. Relevant legal provisions should be accurately applied to the notice of rejection or partial rejection.

2. If the pending trademark is rejected on some goods on absolute grounds and on some goods on relative grounds, a search must be conducted to see if there are any prior rights for the parts that are rejected on absolute grounds.

3. When a certain part of the pending trademark is rejected on absolute grounds, a search must be conducted to see if there are any prior rights in other parts of the trademark. If there is a prior similar trademark, the relative grounds should be cited for rejection at the same time. . For example, for the "Xueshan Weibao" trademark on medicines and the "Tianlong Nano" trademark on clothing, in addition to the rejection of the "Xueshan" and "Tianlong" trademarks cited earlier, it is also necessary to cite the prohibition clause to reject the "Weibao" and "Nano" trademarks. ?part.

4. When a pending trademark is to be rejected on absolute grounds, the review status of the same trademark in all categories should be searched. In addition to considering the particularity of various types of goods/services, the review standards for the same trademark in different categories should be consistent.

5. If a pending trademark is rejected or partially rejected for relative reasons, the following issues should be noted:

(1) Confirm the rights status of the cited trademark. If the cited trademark has priority, For renewal, change, transfer, cancellation and other information, please check the details.

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

(3) If the same element of a trademark needs to be cited in two or more trademarks for rejection, similar products should be specified.

(12) Correction of erroneous information

If errors are found in the trademark information (such as applicant name, trademark name, product name, similar product group) during the review, the trademark information shall be corrected after verification. Fill out the "Notice of Correction of Incorrect Trademark Data" in a timely manner and submit it to the Computer Department for correction. When incorrect trademark data is found that is not the responsibility of this office to correct, the relevant responsible office should be notified in writing of the trademark error information in a timely manner.

The specific operation shall be carried out in accordance with the "Procedures for Correcting Incorrect Trademark Data on Substantive Examination of Trademarks". Things to note