In the process of trademark registration, trademark objection inquiry is an important link 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 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. Teach you the five golden rules of trademark inquiry and help you handle trademark objection inquiry easily.

Step 1: Inquire and identify the basic situation.

If it is a text mark, it should be asked whether it has a special meaning prohibited by law. For example, whether it belongs to sensitive words, whether it belongs to the place names of administrative divisions at or above the county level, whether it will lead to misleading and misunderstanding of the relevant public, whether it belongs to low style or has other adverse effects.

At the same time, it should also be preliminarily judged whether it is significant in the designated goods or services, and whether it belongs to the situation that directly indicates the function, use, quality and quantity of the goods.

If it belongs to a graphic trademark, it is necessary to check whether the picture is original or not, so as to avoid unnecessary troubles caused by copyright infringement in subsequent use.

Step 2: Inquire whether the trademark constitutes an approximation.

It is not only necessary to inquire whether the trademarks in this approximate group are the same as or similar to the trademarks previously applied for or registered, but also to inquire whether the goods or services with cross similarity constitute the same or similar trademarks. It is difficult to judge the similarity of trademarks, and it is necessary to make a comprehensive judgment based on the significant part of trademarks or the overall difference effect of trademarks. A lot of practical experience is needed in the actual judgment process, and the judgment result is often greatly influenced by human factors. For those who have certain registration risks but still have a chance to win, you can try to apply.

Step 3: Inquire whether it may damage others' prior rights.

According to the provisions of Article 32, the application for trademark registration shall not damage the existing prior rights of others (such as name right, copyright, name right, etc.). ), nor shall it preemptively register trademarks that have been used by others and have certain influence by unfair means. This query is an effective way to avoid objections or invalid statements from others. However, this kind of inquiry and judgment is difficult, mainly due to the lack of necessary evidence materials and the inability to form a very accurate reference. If it belongs to the behavior that the applicant knows, it will not be registered.

The function of trademark objection inquiry is to avoid the risk of trademark registration. Among them, the most common reasons for the invalidation of trademarks and trademark registration are the same or similar. Know yourself and know yourself, and win every battle, thus reducing the risk of trademark registration failure. The above is the information about trademark objection inquiry collected by intellectual property rights!

Trademark Objection Query Trademark Objection Success Rate