Trademark retrieval generally refers to query retrieval in China Trademark Office or entrust an agency to help query trademark retrieval. Trademark search is trademark inquiry, which means that the trademark registration applicant or agent goes to the Trademark Office to inquire whether the trademark applied for registration is the same as or similar to the trademark with prior rights, so as to know whether the trademark he is going to apply for registration is confused with the registered trademark of others.
First, the importance of trademark retrieval
Trademark retrieval is very important. By conducting trademark retrieval in advance, the application can be submitted in a targeted manner, which greatly improves the success rate of the application and avoids the time cost and business risks during the registration period. Trademark search is conducted before trademark application, and previous trademarks with the same or similar trademarks are searched, so as to assess the success rate of trademark registration application. In addition, the query and retrieval in advance can also avoid the rejection of registered trademarks, thus delaying the application time and wasting the application fee.
second, the basic steps of trademark retrieval
1. Determine the trademark and category according to the application requirements
The Nice classification of trademark applications is divided into commodity categories (1-34 categories) and service categories (35-45 categories), ***45 categories, and there are minor revisions every year. Designation of trademarks used in commodities as commodity trademarks and designation of trademarks used in services as service trademarks. The applicant can provide the free prior inquiry system "China Trademark Network" of the State Trademark Office for inquiry, or entrust a professional agency for inquiry.
2. Inquire whether the trademark has adverse effects
When applying for trademark registration, we should also consider whether the name has adverse effects.
3. Inquiring about the prior identity or similarity of trademarks
When designing the product name, the applicant should do a good job of trademark retrieval in advance and consider the possibility of successful trademark registration. If you have applied for the same or similar trademark on the same or similar goods and services through trademark search, it is suggested that the applicant consider changing the product name according to market demand. When applying for registration of a graphic combination trademark, the Trademark Office examiner will examine the graphics, Chinese and English separately. If the text passes the examination but the graphics fail, the trademark will be rejected. On the other hand, the graphics pass the examination, but the text does not pass the examination, and it is also rejected. According to the principle of trademark examination standards, different elements in a trademark need to be examined separately, and if any of them is similar, the whole trademark will also be rejected. Therefore, if your trademark contains both Chinese, English and graphics, you can register it separately, which will not only improve the success rate of trademark registration, but also facilitate the flexibility of subsequent trademark use.
4. inquiring about the distinctiveness of a trademark
the distinctiveness of a trademark refers to the characteristics that a trademark should have enough to enable the relevant public to distinguish the source of goods.
5. Analysis and screening of query results
Because only a simple search result is obtained through "China Trademark Network" and other queries, it is necessary for professional agents to further screen and analyze the query results, especially according to the judgment of trademark identity or similarity in the Trademark Review Guide and the judgment of category identity or similarity in the Nice Classification Table, and finally determine the specific name, category and specificity of the trademark registration application.
That's all about intellectual property. Why do you want to do trademark search before trademark registration? I hope I can help you. Trademark inquiry is an important step in the process of trademark registration. Through trademark inquiry, the applicant can find out whether this trademark has been registered or not, and whether it is similar to the previously registered trademark, so as to evaluate the risk value of a trademark in the process of registration, so as to avoid wasting time and money and improve the success rate of trademark registration. Trademark registration application trademark registration inquiry