Guoguang intellectual property rights, why will the trademark search registration not be approved

1. Log in to the official **2 of the Zhiquaqua Trademark Registration Network, enter the trademark name you want to query in the trademark query box; 3. Click the trademark query button to understand the registered trademark category and unregistered trademark category of the trademark, and before the trademark registration application, be sure to analyze the trademark query results to the consultant, so that through the professional analysis of the trademark consultant, you can understand the success rate of registration. The trademark registration inquiry process is temporarily shared here, and the following consultant will talk about the trademark registration process. Any well-known enterprise will attach great importance to brand protection, and the first step in brand protection is to register a trademark.

Trademark registration process: 1. Trademark inquiry refers to the inquiry of whether the trademark applied for by the trademark applicant or its first person is the same or similar to the trademark of the prior right before filing the application for registration; 2. After accepting the notice of trademark registration and paying the fee, the Trademark Office will receive the trademark application materials, and will first review all the attachments such as the registration application form and the trademark sample in detail to check whether the parts to be filled in the application form have been filled, whether the relevant information is correct, and whether the required information is complete. It is expected that in about 20 working days, the Trademark Office will issue a notice of acceptance; 3. Review:

The Trademark Office will check whether the trademark is distinctive and complies with the registration requirements stipulated in the PRC Trademark Laws and Regulations. If approved, the application process will proceed to the next stage: the preliminary review announcement stage; 4. Publication announcement:

The preliminary examination notice lasts for three months, and if no objection is raised, the trademark can be successfully registered.

No trademark registration is 100% approved.

Article 14 of the Trademark Law The following factors shall be considered in determining a well-known trademark:

1) the extent to which the relevant public knows the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

What are the conditions for a well-known trademark?

According to the existing experience and the characteristics of a well-known trademark, a well-known trademark should meet the following conditions:

1) The trademark design is original;

2) the trademark has been used for a long time;

3) The quality of the goods or services designated by the trademark is good and stable;

4) The goods using the trademark have a large market coverage and a large sales volume;

5) The advertising investment of the trademark increases in proportion to the sales volume of the goods or the income from services;

6) Registered the trademark in the relevant country and sold the goods designated by the trademark or carried out business services;

7) Have a high reputation and reputation in the same industry;

8) Daxiang is well known to a considerable range of consumers.

The so-called famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well known to the relevant public, and is recognized in accordance with the law.

Tools Raw materials.

It has been successfully registered as an ordinary trademark and has a certain degree of well-knownness.

Step Method.

Recommendation: After the Municipal Administration for Industry and Commerce accepts the application, if it believes that it meets the conditions for the recognition of the provincial famous trademark, it shall be recommended to the Provincial Famous Trademark Recognition Committee after signing the recommendation; where it is found that it does not meet the requirements for designation, it will not be recommended and the applicant will be notified;

Identification: The Provincial Administration for Industry and Commerce organizes the establishment of the Provincial Famous Trademark Recognition Committee, which is responsible for the identification of famous trademarks in the province. If it is recognized as a provincial famous trademark, the Provincial Administration for Industry and Commerce shall issue the "Provincial Famous Trademark Certificate" and make an announcement; If it is not identified, the Provincial Administration for Industry and Commerce shall return the materials and explain the reasons in writing;

Continuation: The validity period of a well-known trademark is three years, and if the title of "Provincial Famous Trademark" needs to be retained after the expiration of the validity period, the trademark owner shall submit an application for renewal three months before the expiration of the validity period of the famous trademark, and the filing and examination of the renewal application shall be subject to the initial recognition procedure of the famous trademark.

Precautions.

Invalid trademarks refer to trademarks that have expired during the exclusive period and have not yet expired for one year; At this time, the trademark has lost the exclusive right to use, and can only prevent others from applying for registration with the same or similar trademark reproduction for the same goods or similar goods within the time limit. If the trademark becomes invalid due to other reasons, the general trademark can be applied for registration after it is lost.

Causes of failure:

1) The registered trademark has been suspended for three consecutive years;

2) The validity period of the registered trademark expires and is not renewed in time;

3) Trademarks whose registered trademarks have been revoked by the trademark authority due to shoddy, shoddy, or deceptive to consumers;

4) Trademarks that operate in violation of regulations, such as changing the words, graphics or combinations thereof of the registered trademark, changing the name, address or other registration matters of the registrant of the registered trademark, transferring the registered trademark, etc.

In general, there are two aspects:

One is the objective aspect and the other is the subjective aspect.

1. Objective aspects.

1.Blank period for trademark searches.

Before answering the trademark application, it is necessary to check whether there is an earlier registration of the same or similar trademark. Because there is a time period for trademark examination, it takes about 3 months to 6 months for trademark acceptance, subject to the entry time of the Trademark Office, during this time, the relevant information can not be queried on the trademark network, in other words, there is a blank period of about three to six months, and it is impossible to judge whether the trademark you want to register in this time period has a similar trademark or even the same trademark, which is an objective reason.

2.Opposition period for trademark publication.

What does it mean that there will be a 3-month opposition period after the publication of a trademark? Within three months from the date of publication of a trademark, any person may file an opposition application with the Trademark Office on the grounds of absolute refusal of registration (e.g., a trademark prohibits a sign, a three-dimensional sign that has no distinctive features and only expresses the shape of the goods itself cannot be registered, etc.), while the prior right holder and interested party may file an opposition application with the Trademark Office on the basis of the relative reasons for refusal of registration (protection of a well-known trademark, prohibition of preemptive registration by others, protection identical or similar to the prior trademark, etc.). And this is impossible to judge, and it is also an objective reason.

2. Subjective aspect.

The conclusion of the preliminary examination of the trademark is determined by the trademark examiner in accordance with the Trademark Law and trademark examination standards. Because each person is affected by different cultures, different examiners may also make different judgments on the examination of the same trademark, and the examination of pattern trademarks is more obviously affected by this main law. Therefore, if the applicant is not satisfied with the result of the trademark examination, he can apply to the TRAB for review, and even go to the people's court to seek judicial remedies to obtain the exclusive right to use the trademark.

Before an enterprise applies for trademark registration, in order to understand the specific situation of trademark registration and improve the success rate of registration, it usually conducts a trademark query first.

1. Words that lack distinctiveness or are prohibited by the Trademark Law cannot be used to determine whether the application for annotation can be approved through inquiry.

2. If the same or similar trademark of the earlier application has not been entered into the database of the Trademark Office at the time of search, the search result cannot be reflected due to the similarity of the two times.

3. If the search report provides several trademarks that may constitute similarity, the first person only makes an analysis through general examination standards and experience, and its opinions are for reference only and cannot represent the examination opinions of the Trademark Office.

4. For the absence of a registered trademark, if only a part of the trademark (such as Chinese or English) is searched, and other parts of the actual applied trademark (such as graphics) are identical or similar to the registered trademark of others, the trademark as a whole will also be rejected.

5. The client only provided the name of the trademark during the inquiry, but due to the differences in font, color, structure or arrangement in the trademark design draft provided during the actual application, the query results will not fully reflect the same or similar degree. When handling a trademark search, due to the design characteristics of the trademark logo, many results cannot fully reflect the degree of similarity or similarity, and the applicant needs to conduct a lot of analysis or even market research.

There are many benefits of registering a trademark, and the biggest benefit of registering a trademark is to protect your brand from being infringed upon by others.

1. From the perspective of consumers, it is beneficial for consumers to identify and distinguish the providers of commercial products or services, and it is also beneficial for consumers to choose the goods or services provided by their trusted goods or service providers.

2. From the perspective of commodity or service providers, on the one hand, it is conducive to creating their own brands, motivating commodity or service providers, improving the quality of production or service, and maintaining orderly competition. On the other hand, it is necessary to prevent the risk of infringement caused by the use of unregistered trademarks, as well as to avoid immeasurable losses caused by the preemptive registration of trademarks in the business of multi-spine talks.

Trademark licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. This is usually done by way of entering into a license contract. There are general licenses, exclusive licenses, and exclusive licenses.

Type of License. Enterprises license others to use registered trademarks, usually by entering into a license contract, that is, issuing licenses. In a licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor and the other party is the licensee.

In practice, some trademark license contracts are independent license agreements, and some are trademark license terms contained in other contracts, such as trademark use provisions attached to technology transfer, franchising, etc. When entering into a trademark use agreement, companies may consider choosing one of the following three types:

1. General License:"Small profits but quick turnover"form.

That is, the licensor allows the licensee to use the registered trademark under the same item within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark in the territory and to sub-grant third parties the right to use the registered trademark.

This licensing method is mostly applicable to the condition that the licensee has limited production capacity or the market demand for the product is large, and the licensor can choose several more licensees, and the selling price of each license is relatively low, so it is one"Small profits but quick turnover"way. The right to use the trademark obtained by the licensee is non-exclusive, so if the registered trademark involved in the contract is used by a third party without authorization, the licensee generally cannot sue the infringer in its own name, but can only inform the licensor of the relevant situation, and the licensor will take necessary measures against the infringement.

2. Exclusive license: It can be used exclusively against the trademark owner.

That is, within the specified geographical scope, the licensee has the exclusive right to use the registered trademark that is authorized to be used. The Licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in that territory. The royalties of exclusive licenses are much higher than those of other licenses, so such a license will only be requested if the licensee considers that it is necessary to use the trademark exclusively in a certain territory considering the market effect of product competition.

The legal status of the licensee is equivalent to:"Prospective trademark owner", when trademark infringement is discovered within the specified territory, the licensee may:"Stakeholders"Identity sues infringers directly.

3. Exclusive license: the trademark owner and Xinru sell the licensee's use in parallel.

In such a case, in addition to the right granted by the licensor to the licensee to use its registered trademark, the licensee may also have the right to exclude the use of the trademark by a third party. That is, the licensor may not give the same license to any third party, but the licensor reserves the right to use the same registered trademark. The exclusive license simply excludes third parties from using the trademark in that territory.