(1) Approximate judgment: We should judge from the font, pronunciation, meaning or graphic composition of trademark words, or the overall structure of the combination of trademark elements, or its three-dimensional shape and color combination, etc. If the existence of * * * of two trademarks makes the relevant public misunderstand the source of goods, it is judged as an approximate trademark.
(2) judging whether a trademark lacks distinctiveness: according to the provisions of the trademark law, a mark lacking distinctive features is not granted the exclusive right to use a trademark. The distinctive characteristics of a trademark usually refer to the characteristics that a trademark should have in order to realize its function, which is enough to make the relevant public distinguish the source of goods. When we analyze whether a trademark is significant, we will mainly consider the following aspects:
1. The elements that make up the trademark logo itself (including meaning, calling and appearance, etc.), such as too simple lines or graphics, too complicated words, numbers, letters, graphics, or too complicated combination of elements, are not suitable as signs to distinguish the source of goods.
2. Trademarks are too closely related to the goods designated for use. For example, if the appearance of the goods is used as a trademark, it can not distinguish the source of the goods, and it is not convenient to distinguish these specific merchants from other peers in the consumer group. Such trademarks are missing.
3. Trademarks specify the cognitive habits of the relevant public who use goods. As a sign to distinguish goods or service providers, trademarks identify the relevant public of specific goods or services. In other words, we should stand in the perspective of the relevant public or consumers in this field when observing whether a sign has distinctive features.
the inquiry stage of a trademark is the key factor to determine whether a trademark can be successfully registered. A regular agency has experienced professionals with a solid professional foundation, understands the trademark review standards and evaluation rules, and accurately judges whether a trademark is in violation of regulations, which is of great help to the success of trademark registration. Therefore, applicants who lack professional experience should choose a professional trademark agency to inquire and analyze the trademark before registration, thus effectively reducing the risk of trademark registration.