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A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. A trademark has the exclusive right to use a registered trademark only after it has been registered. Famous trademarks in the international market, often registered in many countries.
There is a distinction between "registered trademarks" and "unregistered trademarks" in China. A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark needs to be used to have distinctiveness and a certain degree of popularity before it can be protected. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.
According to the Trademark Law of the People's Republic of China, signs that distinguish one's own goods or services from those of others, including words, graphics, letters, numbers, sounds, three-dimensional signs and color combinations, as well as combinations of the above elements. The search method is also very simple, search for "Trademark Office", enter the trademark name in the trademark comprehensive search, and if the search is obtained, it proves that it has been registered, and if there is no record, it has not been registered. Legal basis:
Article 3 of the Trademark Law of the People's Republic of China is a registered trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
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How do I check the registered trademark class?
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How to check whether a trademark is registered:
1. **Query. The parties can log on to the portal of the local trademark office** to inquire about the approved registration announcement;
2. Offline inquiry. The parties concerned may go to the local trademark office and apply to the working staff to inquire about the approval of the registration announcement.
Legal basis:Article 94 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China.
The Trademark Office has set up a Trademark Register to record registered trademarks and related registration matters.
Article 95.
Trademark Registration Certificate and related certificates are the certificates that the right holder enjoys the exclusive right to use the registered trademark. The registration items of Wu Chuntuan recorded in the Trademark Registration Certificate shall be consistent with the Trademark Register; In case of inconsistencies, the Trademark Register shall prevail unless there is evidence to prove that there is indeed an error in the Trademark Register.
Article 96.
The Trademark Office publishes the Trademark Bulletin, publishes the trademark registration and other related matters.
The Trademark Gazette is published in paper or electronic form.
Except for the delivery of the announcement, the content of the announcement shall be deemed to have been known or should have been known to the public from the date of publication.
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How to inquire about the registration status of the trademark: the parties can go to the official ** of the Trademark Office to conduct a trademark search on their own, they can entrust a professional trademark registration agency to make an inquiry, or they can make an on-site inquiry at the Trademark Office when applying for trademark registration.
Trademark Law of the People's Republic of China
Article 30. If the trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to the trademark that has been registered or preliminarily approved by another person on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.
Trademark Law of the People's Republic of China
Article 32.
An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.
Trademark Law of the People's Republic of China
Article 31.
If two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same kind of goods or similar goods, the trademark applied for in the first place shall be preliminarily examined and announced;
If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application for lapato by others shall be rejected and shall not be announced.
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1. The method to check whether the trademark has been registered is as follows: 1. When you see a trademark and want to know whether the trademark has been registered, we can see whether there is a [r] label next to the trademark, and the [r] label means that the trademark has been registered. 2. You can check whether the trademark has been registered through some trademark notes on the Internet.
3. When checking whether the trademark is registered, you need to find a professional organization to handle it. 2. Check whether the trademark has been registered by others online and check the methods and steps: 1. Search and log in to the China Trademark Network of the State Administration for Industry and Commerce in a browser.
Review the disclaimer and if you confirm that it is acceptable, click the "I accept" button. 2. Click on the top function in the new interface. You can check whether there are any identical or similar trademarks that have been registered.
3. The first box of the trademark query interface should be filled in with the international classification number, and Arabic numerals should be entered, starting from 1. If you don't know what the classification number is, you can click to view Product Category Help. The [similar group number] in the table can be left blank and not filled.
4. In the drop-down menu of [Disturbing Banquet Query Method], you can choose the method you want to query, such as querying Chinese characters, pinyin, numbers, graphics, etc., according to the different choices here, the later options will be different. Select Query Kanji. 5. After selecting [Kanji], there will be many choices below, which can be double-selected.
You need to make an appropriate choice according to your actual query requirements. 6. After the setting is completed, it is necessary to enter the specific content to be queried. 7. After confirming that all parameter settings are correct and filling in the verification code, you can click the [Auto Query] button.
8. Next, the query result page will come out, and you can click the [View] button to view the complete information.
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The purpose of checking whether there is a registered or applied registration of the same or similar trademark on the same or similar goods is to increase the probability of successful registration of the Zheng Qingsong trademark.
If there is an identical or similar prior registered trademark, the trademark to be registered can be amended or adjusted, or the application may be abandoned.
Article 9 of the Trademark Law The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others. The trademark applied for registration must be distinctive, and cannot be the same or similar to the trademark that has been applied for registration.
The Trademark Law stipulates that trademark registration shall follow the principle of first-to-file, and if two or more trademark applicants apply for registration with identical or similar trademarks, the Trademark Office will preliminarily examine and announce the trademark applied for earlier.
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How to check whether a trademark is registered?
There are two ways to inquire about trademark registration, one is for the applicant to inquire on the official website, and the other is to entrust the trademark ** company to inquire. In both cases, information about the trademark can be found.
One. Applicants can log on to the official website of the Trademark Office directly. This can be broken down into several query scenarios.
If it is a comprehensive search trademark, please click "Comprehensive Search Trademark". The applicant may use the trademark number. Trademark.
Applicant's name, etc. The applicant only needs to enter the trademark registration number to be searched.
Two. Entrust the trademark registration agency to make an inquiry. Give the trademark name to the ** company to help you find the trademark registration number.
With a trademark search, you can find not only the trademark registration number but also the details of the trademark owner. If you need to purchase or transfer a registered trademark, you can notify the authorized agency to find the trademark owner through the transfer of the trademark and obtain the exclusive right to use the trademark.
Precautions for Trademark Rent Inquiry 2
If you entered the correct brand name, you have to find it. If you didn't find the trademark information, you probably just applied for it. You can't find it because the new apps of the last six months haven't entered the database so quickly.
Another possibility is that the other party does not have a registered trademark.
If you want to check if you want to register a trademark, you have to see if there are similar trademarks. If you have a similar trademark, there is a high chance that you will be refused to register again. Therefore, it is best to find a professional to make judgments and analyses before applying.
Log in to "China Trademark Network" and click "Comprehensive Trademark Search". >>>More
Trademark registration must be inquired in advance, which can greatly improve the success rate of trademark registration. Trademark registration is recommended to go to Zhejiang Dr. Biao to register customer service, and the customer service will help you check the trademark.
A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.
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