Matters Needing Attention In International Trademark Registration Are Very Important.

With more and more Chinese enterprises going abroad, many people are no longer familiar with foreign trademark application registration. However, many enterprises have not paid enough attention to the prior rights inquiry of foreign-related trademarks.

Prior trademark search refers to the trademark applicant's retrieval of trademark application and registered trademark in the country before filing an application in the country of destination.

The purpose is to find out whether there is a conflict of trademark rights.

Since trademark search in the country of destination can be used to know whether there are similar or similar trademarks registered in the country of destination, it can help domestic trademark owners avoid foreign applications being rejected or dissent because of the appearance of prior trademarks, and, in turn, reduce unnecessary costs caused by rejection or objection.

As for the expiration date of the prior trademark, there is a problem to note: the official database of some countries is slow to update, so the Trademark Office will quote the trademark which has been invalid or abandoned to reject the trademark application, such as Philippines.

Therefore, in such countries, when the prior trademark is querying, even if the first trademark is found to be "invalid", it is necessary to prepare for the rejection of the application.

Of course, it is very easy to overcome such rejection.

It should be noted that the first trademark search is not omnipotent, it has two dead ends. The first is that the trade mark can not be queried from the time when the first trademark is submitted from the application to the official acceptance and registration, and the second is that during the time when the Enquirer receives the inquiry report to submit his trademark application, there may be a new first approximate trademark.

Therefore, it is best for the Enquirer to decide whether or not to submit the trademark application as soon as possible after receiving the inquiry report.

In addition, since trademark inquiry is only a preventive investigation for the first approximate trademark and does not check the registration of the trademark itself, therefore, it is necessary to ask people to pay attention to their trademark application, such as whether the trademark is significant.

The trademark agency is receiving overseas.

After that, we will analyze and issue enquiry reports.

The query report will show the approximate trademark.

Some domestic enterprises believe that as long as a similar trademark is found in a country, their trademark can not be registered successfully in the country. This is a very wrong idea.

The purpose of trademark search is to foresee and remove obstacles.

The key is to make a careful analysis of the first trade mark: 1. trademark pattern.

Take the word trademark as an example, if the trademark of the domestic right person is "CYAST", and the query finds several very similar trademarks, the trademark has great risk of rejecting the application in the country of destination.

At this time, the right owner can make graphic design of the trademark, or add a graph to enhance the saliency of the trademark, so the so-called "prior approximate trademark" will no longer constitute an obstacle.

In addition, if a number of "first CYA" trademarks are found in the query of the trademark "CYAST", the obligee will not have to give up easily.

In general, if there are multiple trademarks containing the same letter combinations that can coexist in the destination country, the possibility of querying trademarks and coexistence of these prior trademarks will also increase.

Of course, it is not possible to exclude the possibility that the Trademark Office of the destination country will dismiss the trademark because the coexistence of the prior trademarks is likely to be registered through the retrial reply.

Two

The owner's name is also an important information in the inquiry report.

There are two things to note. First, if a person finds that the owner's name of a previous trademark is almost the same as that of his own company, it may be that he has queried his trademark that he had successfully registered in that country before.

What is to be done is to change the name of the registered trademark in these countries at once, and then submit a new trademark application.

Second, if the original trademark owner is to inquire about the distributor or branch in the country, and the commodity category or even the commodity item is exactly the same, it is likely to be a trademark rush.

At this point, it is usually the first time to withdraw the application of the prior trademark, or to communicate with the preemptive person and sign the trademark pfer agreement.

Three

Generally speaking, it is better for a query person to provide a specific commodity name so that the trademark can be more targeted when querying.

If no specific trade name is given, the agent will query the whole category.

It is important to note that query reports in some countries show other related categories of query results.

For example, the inquirer should query the twelfth category of "land vehicle" in international classification, and the query report also shows the first approximate trademark in the thirty-seventh category.

At this time, we must not take lightly that goods are not in the same category and will not be an obstacle.

Usually, if the trademark concerned involves related categories, the Trademark Office will also review the relevant categories when examining the trademark application and reject it.

On the other hand, if the trademark appearance, commodity category and commodity item in the prior trademark information are similar to the content that the applicant wants to apply for, and the country is also an important market that people do not want to give up, then the conflicting goods can be deleted when submitting the trademark application, so that even if the application is rejected, there can be different arguments in the field of commodities, so as to improve the possibility of overcoming the rejection.

4. trademark application date, registration date and expiration date are not registered for all prior trademarks. Generally, they can be queried only if they receive an official application notice.

Of course, some countries can only query the prior trademarks after the announcement.

Therefore, the querying person often reads "Trademark Review" in the status of the first trademark.

At this point, although the application of the prior trademark has not yet been completed, the application date is already enough to impede the applicant's trademark application.

For the prior approximate trademark in the application, the querying person may first monitor the trademark. If the trademark is rejected halfway, the domestic right holder can submit a trademark application immediately, so as to protect his rights as early as possible.

If the original trademark is purely a rush, trademark monitoring can enable the monitor to get the notice date of the trademark for the first time, and raise objections in time, so as to clear up the obstacles for trademark registration.