Trademark inquiry refers to the procedure that an applicant for trademark registration inquires about trademark registration in the trademark registration authority in person or by entrusting a trademark agent to find out whether the trademark he intends to apply for registration is the same as or similar to the trademark registered or being registered by others. In the process of trademark registration, trademark inquiry is an important step that cannot be ignored. By inquiring about the trademark registration of the Trademark Office, we can know whether the trademark applied for registration is the same as or similar to the trademark registered or being registered by others, which will greatly reduce the risk of trademark registration, improve the success rate of trademark registration and avoid the double loss of time and money.

Generally speaking, trademark inquiry is a single-category inquiry according to the category of goods or services. For example, if you want to register a clothing trademark, you need to make a general inquiry in category 25. However, there is still cross-category approximation in the classification table of similar goods and services currently used by the Trademark Office. Seriously? question

Cross-category approximation means that goods or services that are not in the same category are highly similar in function, usage and use, sales channels and so on. So they form similar goods or services with each other. For example, 3002 in category 30? Tea drinks? In terms of function and usage, it is the same as 3202? Non-alcoholic drinks? Similar, so two different categories are similar goods.

When this happens, the applicant needs to make two kinds of trademark inquiries respectively. However, in view of the special situation of cross-category approximation, two seemingly unrelated categories often lead to similarity. Xiao Zhi still advises applicants to consult professionals with rich knowledge and experience in commodity classification to avoid trademark registration failure due to cross-category approximation.

In addition, the existence of well-known trademarks has also caused certain difficulties in trademark inquiry. China's Trademark Law stipulates that well-known trademarks registered in China enjoy cross-category protection, that is to say, even if a trademark is registered in a certain category, others may not register the same or similar trademarks in other categories because it is recognized as a well-known trademark.

Of course, trademark inquiry is not only to inquire about the general situation of trademarks, but also to judge whether trademarks violate the relevant provisions of the trademark law and whether trademarks are significant. This requires trademark applicants to fully understand the relevant provisions of Articles 10 and 11 of China's Trademark Law and the Regulations for the Implementation of the Trademark Law, carefully study the criteria for judging trademark similarity, and fully understand the trademark classification table which is hundreds of pages long.

In addition, lack of experience is also an important factor affecting the applicant's trademark inquiry. Without experience, the applicant's approximate judgment and significant judgment will be biased, which will not only reduce the accuracy of trademark inquiry, but also affect the result of trademark registration, leading to the failure of registration.

A formal trademark agency has a group of professionals who are experienced and understand the trademark review standards and evaluation rules. Therefore, the professional advice provided can effectively avoid human error and greatly improve the success rate of trademark registration. Therefore, it is necessary for small partners who lack professional knowledge and experience to choose a reliable trademark agency.

Trademark inquiry