Legal subjectivity:
Trademark search generally refers to conducting a search at the China Trademark Office, or entrusting an agency to help you search for a trademark. How to conduct a trademark search using the "Easy Search" or "Advanced Search" interface. The "Easy Search" interface allows users to select a search method from a drop-down box (for example, include input words, include input prefixes, include input suffixes and parts). matches). The "Advanced Search" interface allows users to enter wild characters in the search criteria to search for trademark text. Both search interfaces provide three ways to display search results. You can temporarily save the selected trademark records in the "Selected Items List" for reference. Here's a quick way to search for trademarks: Search for wordmarks: Enter the trademark you're searching for in the "Trademark text" field, or use the advanced search's wild characters to find identical or similar trademarks. Search for trademarks that contain images or symbols: Enter the appropriate design code in the "Trademark Design Code" field to search for identical or similar trademarks. You can choose to click "Pattern Code Search" to select the appropriate pattern code (compiled according to the World Intellectual Property Organization's "International Classification of Pictographic Elements of Trademarks"). Related goods and services: Enter the category number related to the applied goods/services. Significance of trademark search: 1. Ascertain registration obstacles (1) Check whether there is an identical or similar trademark registered or applied for on the same or similar goods to increase the probability of successful trademark registration; (2) If there is an identical or similar trademark For a 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 the loss of publicity and advertising expenses and reduce business risks. 3. Discover trademark squatting. Trademark squatting is a common phenomenon. If a trademark has a certain degree of popularity and the product sales are good, it is very likely that other people will register it in their own name first. There are usually three types of squatters: one is the trademark owner’s partners, such as sales agents. Their purpose is often to obtain or consolidate their exclusive agent status, or to ask for high transfer fees from the registered trademark; the second category is "free riders" who attempt to take advantage of the goodwill of the registered trademark and intentionally Those who cause consumers to misunderstand and obtain improper benefits are usually producers and operators of similar products. The third is trademark brokers, who register other people's trademarks solely 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. The latter type of person often takes the initiative after squatting and blackmails the person being squatted at the right time in order to extort transfer fees or licensing fees. The first two types of people tend to stand still after registering, and are not in a hurry or even deliberately avoid exposing the fact of their preemptive registration. Therefore, conducting trademark inquiries as early as possible is of great significance for discovering trademark squatting and mitigating, avoiding and recovering losses. If you find out through inquiry that the 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. Otherwise, it will be much more troublesome to apply for cancellation of a registered trademark after registration. Therefore, it is very important to conduct trademark searches in countries where the trademark has been used or planned to be used to promptly detect trademark squatting and take measures to prevent, stop or even regain the squatted trademark. 4. Understand the progress of the application. In most countries, after a trademark application is deemed registrable by the examining officer after substantive examination, the examining officer will issue an approval notice informing that the trademark application has been accepted for registration and will be published in the opposition announcement. However, in some countries, the examiner does not issue an approval notice after the trademark application passes the substantive examination. In this case, conducting a trademark search may be an effective way to understand the progress of the application. If a trademark application has been approved for registration by the trademark examiner and scheduled for publication, the time of publication can be found through a search. Applicants in my country can also conduct searches themselves, or they can entrust the Tongda Trademark Service Center established by the State Administration for Industry and Commerce to conduct searches. Legal objectivity:
Trademark Law
Article 57