I. Contents of trademark inquiry
The purpose of trademark retrieval analysis (usually called trademark inquiry in practice) is to control the risk of trademark application or improve the success rate of trademark registration. The main tasks include:
1. Trademark database (verification of rejection for relative reasons): according to the data of previous registration applications, judge whether the trademark and the previous trademark constitute similar trademarks of similar goods and services, that is, there is no possibility of rejection for relative reasons, obtain the probability index of successful trademark application, and advise the trustee whether to submit the trademark registration application.
2. The trademark is obvious. Legality analysis (confirming the reasons for refusing to verify): In addition to the risk of rejection similar to the previous trademark, there are also the importance of the trademark itself and whether it violates the trademark law and other laws and regulations, that is, there is no possibility of rejection, so as to judge the possibility of successful trademark application.
2. Cancel the trademark inquiry
1. Due to the change of the registered trademark's words, characters or figures, or the independent change of the registered items such as the name and address of the registrant;
2. Transfer a registered trademark independently, or stop registering the trademark for three consecutive years. In this regard, the Trademark Office has the right to cancel the registration of the trademark. Under what circumstances can a trademark be revoked?
The dispute is cancelled. According to the provisions of China's Trademark Law, all the trademarks disputed by the defendant are indeed the same or similar. The Trademark Review and Adjudication Board decided to register the defendant's trademark after it was revoked, so as to protect the exclusive right of the defendant who registered first.
3. Don't use or cancel it within three years. According to the provisions of the Trademark Law, any third party can apply for invalid cancellation of a trademark, because the trademark applied for registration will not be used for three years. Revoking a trademark is different from closing a trademark. The closure of a trademark is caused by the trademark registrant voluntarily giving up the patent right; A trademark registrant violates trademark laws and regulations or the final decision made by the Trademark Review and Adjudication Board in the event of a dispute over a registered trademark. This punishment or decision depends on the idea of the trademark authority or arbitration institution.
Trademarks are very important to enterprises, but they should also be used reasonably. Any system should be implemented immediately. The same is true of trademarks. If the application is not used, the Trademark Office has the right to revoke the applicant's right to use it. It deserves the attention of the applicant and shall not be violated.