1. Query work
The trademark is composed of Chinese, English and graphics. It needs to be examined separately according to the Examination Standards. If one of the Chinese, English and graphics parties conflicts with the prior rights, the application for the entire trademark will be rejected. Therefore, when applying for early query, the three should be queried separately, and the application can be combined only when it is confirmed that they can be applied.
When the trademark is only Chinese characters, it is mainly examined in three aspects: sound, shape and meaning. Identical trademarks are registered on similar or identical goods or services and cannot be applied for; Different Chinese characters with the same form or main meaning cannot be applied for, for example, Tiantianhui and Tiantianhui; The three Chinese characters have similar or the same pronunciation, but only the middle or end characters are different, such as Alice and Alice, Alice and Alice. The registration risk is very high; The trademark contains words that directly indicate the nature, function, characteristics of the goods or the business site, but the main part is the same as the previous right composition, for example, Xiangyi and Xiangyitang. The registration risk is extremely high.
When the trademark is only in English, it is mainly examined in four aspects: sound, form, meaning and translation. Generally speaking, if there is a meaning in English, it will be translated into Chinese for examination. If there is a Chinese application with the same meaning, English will not be applied for. In the case that the English is a fiction without specific meaning, the English letters are only different from a certain letter in the middle or at the end, and the registration risk is extremely high.
When the trademark is a graphic, the examination is mainly based on the subjective judgment of the examiner. Relatively speaking, there is some luck. The review of graphics is different from that in Chinese or English, and it can be queried only after being input into the system. The graphic query needs to determine the elements of the graphics first. If it is an abstract graphic, there can be many kinds of imagination spaces according to different angles and different ways. The establishment of graphic elements in the early stage of query is very critical, for example, this graphic is like a crown and like a water drop, The examiner has some subjectivity when concluding which element the drawing belongs to. When querying, both of these two different elements need to be queried, and the party that has no prior right conflict can apply.
2. Improve the success rate of application through trademark registration
Generally, if the trademark is applied for in Chinese and English, or a combination of Chinese and English graphics, it is recommended to apply for the trademark by dividing it into two parts. The advantages of this treatment are: first, the probability of success of separate applications is high, and the application for the entire trademark will not be rejected because one party conflicts with the prior rights; 2、 If both Chinese and English are reviewed and approved, they can be used separately or in combination, which is more flexible.
3. Select specific product items
When registering a trademark in one category, you can choose ten product items. First, when choosing products, you should choose the most important products, and then expand the scope of protection. Each major subgroup should choose a product for enclosure protection. Another advantage of more groups is that if some products are rejected, But some products can get certificates.
In the early stage of trademark query, if some categories of groups conflict with prior rights, we should avoid this group when selecting products.
4. Function of trademark description
1. When submitting the trademark application, if the Chinese and English are artistic designs, the formal writing should be explained; 2. If it is a combination of English and Chinese applications, the English application has been similar to the previous application. When we write the description, we can link it with the Chinese language. The Chinese language is mainly used for identification, which will improve the passing rate of English; 3. Many customers like to add suffixes related to products or services. For example, * * Optoelectronics, registered on LED lights, generally waives the exclusive right of "Optoelectronics". However, if the trademark * * Optoelectronics is registered on products unrelated to optoelectronics, sometimes even waiving the exclusive right is useless, and the whole trademark may be rejected because of the incongruity of the two words. Therefore, in general, customers are not recommended to add these suffixes. First, register the words with significant parts. After successful application, these suffixes can be added for use.
5. The significance of trademark application time
China's trademark law is based on the principle of application first, that is, who applies first is who. If the name can be applied once it is determined, it needs to go through the submission procedures as soon as possible. Many people think that inquiry can be applied for. Don't worry. Design first and then apply. A complete set of VI designs can be designed for a week, half a month, and then modified for more than a month. This is not conducive to trademark protection. We would suggest that after applying for simple words, if you can get the certificate successfully, you can reapply for the logo of the final design at that time. There is basically no risk.
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