Why do I need to do a trademark search before registering a trademark?

Prevent duplicate trademarks from being registrable.

Nowadays, there are more and more trademark registrations in China, and in 2017 it has reached 5 million trademark registrations, but the commonly used Chinese characters in China are only about 3500-5000, and the vast majority of the trademark names you think of have been thought of by others, which also makes it difficult to register the combination of words that can register trademarks.

In addition, if there is an identical or similar trademark that has been registered in the same or similar class, the trademark will be rejected, and the trademark applicant will not only lose the registration fee, but also spend more time.

Therefore, before registering a trademark, you should search whether there are duplicate trademarks and whether you have affected the prior rights of others.

Prevent the risk of cross-class approximation.

So what if someone has already registered the trademark you want to register, and you really like it?

It's okay, if the registered trademark is different from the class you want to register, you can also register the trademark of the class you want to register. Conversely, when registering a trademark, it is also necessary to check whether someone has registered a similar trademark in the same or similar category. For example, if you register a Xiaomi mobile phone, if you register a Xiaomi computer, the pass rate will be very low.

China's trademark is based on the principle of first-to-file, generally whoever applies first, will be owned, therefore, trademark query is an important and necessary step before the trademark registration application, although the result of the trademark registration query does not have legal effect, but it can also enable the trademark registration applicant to reduce the risks that may be encountered when registering the trademark, such as whether the trademark to be registered is similar to the trademark registered by others, whether it meets the registration conditions, so as to improve the approval rate of trademark registration and reduce the risk of rejectionAt the same time, it can also reduce unnecessary troubles in the trademark registration process and reduce the application time for trademark registration.

1. Reasons for doing a trademark name search before applying for a trademark:

A large part of the failure of trademark registration is usually the rejection of the trademark by the Trademark Review and Adjudication Board without passing the preliminary examination, and the reasons for rejection are varied, the more common is that it is the same or similar to the registered trademark of others, so it is very necessary to conduct a trademark registration inquiry.

2. The benefits of checking and correcting the trademark search: it can improve the approval rate of trademark registration, thus effectively avoiding the loss of time and money of trademark applicants.

3. How to search for trademarks.

Trademark applicants can inquire through the China Trademark Network of the Trademark Office of the State Intellectual Property Office, and there are six kinds of query methods: Chinese characters, pinyin, English, numbers, prefixes, and graphics, and you can choose the trademark classification and similar class to be registered.

Trademark search is an important and necessary step before the application for trademark registration, although the result of the trademark registration query does not have legal effect, but it can also enable the trademark registration applicant to reduce the risks that may be encountered during trademark registration, thereby improving the success rate of trademark registration, and can also greatly reduce the manpower and material resources in the trademark registration process, and reduce the application time for trademark registration.

At present, the trademark search can only query the trademark information that has been recorded in the database of the Trademark Office, and the trademark that is being registered or is about to be successfully registered cannot be searched, and this period of time is called the blind period of trademark search. Therefore, when applying for a trademark, it is generally necessary to conduct another trademark similarity search in about 3-6 months to ensure the success rate of the trademark registration application.

According to Article 31 of the Trademark Law, if two or more applicants for trademark registration use the same or similar trademark on the same or similar goods to register in person, they shall preliminarily apply for and publish the trademark of the earlier application; If the trademark application is applied for on the same day, the trademark application is preliminarily approved and the trademark used earlier is announced, and the trademark application of another person is rejected, and the trademark announcement shall not be made.

The trademark to be registered cannot be identical or similar to the trademark previously registered by another person. Therefore, before filing an application for trademark registration, it is advisable to inquire about the trademark to be registered to increase the certainty of successful trademark registration. It should be noted that the trademark search results provided by the State Trademark Office do not have legal effect, but can be used as an important reference basis for the searcher's trademark registration.

China's trademark law is based on the principle of first-to-file, therefore, trademark search is an important and necessary step before the application for trademark registration, although the result of the trademark registration query does not have legal effect, but it can also enable the trademark registration applicant to reduce the risks that may be encountered in trademark registration, such as avoiding similarity with the trademark applied for earlier, so as to improve the success rate of trademark registration, and at the same time, it can also greatly reduce the manpower and material resources in the trademark registration process, and reduce the application time for trademark registration.

Before the trademark is registered, it is necessary to conduct a trademark search, which is not to detect whether your trademark is up to standard and qualified, so that customers can check the information of this trademark.

Before the trademark is registered, the trademark search is also afraid that the name of the trademark will be repeated.

Similar to the concept of "duplicate checking".

Check to see if there is a conflict with a registered trademark.

"Trademark search refers to the procedure for the trademark registration applicant to inquire about the relevant trademark registration in person or by entrusting a ** agency to find out whether the trademark he is preparing to apply for registration is identical or similar to the trademark that has been registered or is being registered by others. In addition, the trademark search is also a necessary step before the trademark registration application, although the result of the trademark registration search does not have legal effect, but it can also enable the trademark registration applicant to reduce the risks that may be encountered in the trademark registration as much as possible, so as to ensure that the probability of failure of the trademark registration is reduced. It can also greatly reduce the manpower and material resources in the trademark registration process, and can also reduce the application time for trademark registration.

You can check it on Mochirin. Mozhilun is a trademark big data AI intelligent retrieval and analysis platform, which realizes trademark search, map search, announcement query, analysis and comparison, monitoring and early warning, practical cases, map display, process management and other services through the visualization, screening refinement and display of intelligent links in the wheel. "

Foreword: Handling a trademark will bring protection of legal rights and interests to our products, but at the beginning of handling a trademark, we must understand the trademark law, and at the same time, we must conduct a trademark search before applying for a trademark.

1. The law stipulates that according to the relevant provisions of the National Trademark Law, China's trademark law is based on the principle of prior application, so those who want to apply for a trademark should conduct a trademark inquiry in advance, which is a necessary part of the trademark registration application and is also an important step. Although the results of this trademark registration search do not have the corresponding legal effect, it can also enable the applicant for the registration of the commercial land mark to reduce some of the risk problems that may be encountered in the trademark registration, for example, the search for trademark registration can avoid the similarity with the previous application for the trademark. In this way, the success rate of applying for trademark registration can be greatly improved, and at the same time, it can also reduce the loss in the subsequent trademark use process and reduce the time for applying for trademark registration.

2. The role of trademarksNow the important role of trademarks has become more and more obvious, so the number of trademark applications and registrations is also increasing, and in this process, it is difficult to avoid that the trademarks you want to apply for are very similar to the trademarks you have before. Moreover, the process of registering a trademark is very complicated, and many of them will ignore the step of trademark search when registering a trademark. That would be a significant loss for him.

3. ConclusionWhy do we need to conduct a trademark inquiry before registering a trademark Xiangchong? If two or more applicants for trademark registration have used the same or similar trademark registration on the same or similar goods, then the trademark owner who filed the initial application and published the earlier application should register it first. Trademark search is a very important step before applying for trademark registration, and it must be paid attention to.

China's trademark law is based on the principle of first-to-file, therefore, trademark search is an important and necessary step before the application for trademark registration, although the result of the trademark registration query does not have legal effect, but it can also be used to enable the trademark registration applicant to reduce the risks that may be encountered in trademark registration, such as avoiding similarity with the trademark applied for earlier, so as to improve the success rate of trademark registration, and at the same time, it can also greatly reduce the manpower and material resources in the trademark registration process, and reduce the application time for trademark registration.

In order to prevent trademark duplication and to prevent infringement, it can also make the trademark pass better.

You can directly go to the Chinese trademark ** to search, because in this way, you can avoid the same as the trademark registered by others, or plagiarism.

If two or more trademark registration applicants use the same or similar trademark registration on the same goods or similar goods, then the trademark owner who has filed the initial application and published the trademark application in the first application should register first. Trademark search is a very important step before applying for trademark registration, and it must be taken seriously.

Because trademarks have unique characteristics, it is necessary to check whether there is such a trademark first, so as to avoid the trademark being similar to the trademark of others.

A truly responsible trademark consultant and lawyer will not blindly tell the client whether the trademark should be applied for or whether it can be granted, but will first tell him: I need to determine the class, goods or services according to your business, and do a search to see if it has already been registered, or whether the existence of a prior similar trademark may threaten the rejection of your trademark.

Trademark search is of great significance, not only to avoid unnecessary waste, but also to prepare in advance for possible foreseeable refusals and oppositions, and to collect, organize and file evidence in advance. However, a trademark search is not just about entering the category and keywords on the official website of the Trademark Office, jumping out of the results directly, and clicking on them one by one

1) The sub-items under similar groups under some categories may need to be cross-searched with the sub-items of other categories, and if you do not pay attention to this, it is very likely to miss the detection;

2) The classification of goods and services is updated frequently, and the prior trademark may be registered according to the old classification table, so its similar group number may have actually been changed, but the official website of the Trademark Office has not been able to correct it in time, so if it is not carefully screened, it may be misdetected;

If there are well-known trademarks in this class, if your trademark is similar to some of its constituent elements, even if the similarities or sub-items covered by the well-known trademark are inconsistent with those you have selected, it may still be opposed by the owner of the well-known trademark and may eventually be unable to be registered, because the well-known trademark can enjoy protection across similar groups and even classes, and it is necessary to amend the trademark (redesign), or apply for the original trademark and the redesigned trademark at the same time, ask for a double insurance.

Trademark search is a very hard work, and the professional requirements for trademark consultants and lawyers are very high. In practice, in order to consider and attract clients to apply for registration, trademark consultants and lawyers are often willing to do trademark searches for free, but only within the scope of affordability, if the requirements of the enterprise are very unreasonable (such as searching all 45 classes) or the workload is too large (especially the trademark to be registered is too ordinary, resulting in hundreds of search results, the trademark consultant and lawyer will often ask for a search after payment, then the enterprise should seriously consider it). For those trademark ** agencies that promise 100% coverage to customers, and even more so, "green channel", we as peers are reluctant to say anything, but any reasonable party knows that it should not be fully believed and stay away.