1. What is the reason why the trademark application cannot be found?
It is normal that it is not updated in time. Generally speaking, the query results only display the trademark information that has been successfully registered, and do not display the trademark information that is being accepted.
First, the application time may be too short and the application has not been accepted yet;
Second, Trademark websites also often make mistakes.
So the best way is to call the Trademark Office for consultation.
Trademark query means that the trademark registration applicant personally or entrusts a trademark agent to query the relevant trademark application registration status through the trademark online to understand whether the trademark he is planning to apply for registration is Procedures that are identical or similar to trademarks that have been registered or are being applied for by others. Pre-application inquiry is an important step in applying for trademark registration. Although the inquiry results do not have legal effect, it can enable trademark registration applicants to have a clear idea, reduce blindness, and reduce trademark registration risks, thus greatly reducing expenses. At the same time, strive for more application time.
Trademark query can only query trademark information that has been entered into the database, so there is a blank period, or blind spot, which is usually 4-6 months after the trademark application. Do another trademark similarity search to enhance your chances of successful trademark registration.
Legal basis:Article 30 of the "Trademark Law" stipulates: Any trademark applied for registration shall not be If it complies with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.
Therefore, inquiries should be made before applying, so as to maximize the possibility of obtaining a trademark certificate for the trademark. At the same time, a registered trademark will be accepted from the Trademark Office to the announcement , it usually takes nearly a year. If the registered trademark is rejected without inquiry, it will not only waste money, but more importantly, waste time and delay the use of the trademark.
2. The significance of trademark query
1. Detect registration obstacles(1) Check whether there are registered or similar products on the same or similar products The same or similar trademark registration that has been applied for increases the probability of successful trademark registration;
(2) If there is an identical or similar previously registered trademark, you can apply for it. The trademark to be registered is modified or adjusted, or the application is abandoned.
2. Find out whether the trademark can be used safely
(1) Check the trademark registration situation to avoid infringement of others’ registered trademarks;
(2) Reduce the loss of publicity and advertising expenses and reduce business risks.
3. Found trademark squatters
There are three types of trademark squatters: one is Partners of the trademark owner, such as sales agents, etc. The purpose is to obtain or consolidate their exclusive agent status, or to obtain high transfer fees from the registered trademark; the second category is "free riders", that is, they attempt to take advantage of the goodwill of the registered trademark and consciously cause harm to consumers. Obtaining improper benefits through misidentification; third, trademark brokers, who register other people's trademarks purely for the purpose of defrauding the registered person of trademark transfer fees or licensing fees, while the person who squatted has no intention of using the registered trademark. Therefore, conducting trademark searches as early as possible can help reduce, avoid and recover losses in discovering trademark squatting. If you find out through inquiry that a preemptively registered trademark is still in the application stage and has not yet been registered, you can promptly file an objection during the opposition announcement period.
4. Understand the progress of the application
You can understand the trademark by conducting timely trademark inquiries.Keep abreast of the progress of trademark registration applications and be aware of trademark registration and trademark use.
No matter what type of trademark registration it is, as long as you want to register and apply, you must pay attention to and understand the relevant civil trademark registration and patent protection in a timely manner. and regulations on intellectual property protection. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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