What are the precautions for trademark registration
There are many things that need to be paid attention to during the trademark registration application process , the agent will give specific guidance. However, there are some issues that must be considered and grasped by the applicants themselves. Here are some reminders to attract the attention of the applicants.
1. Pay attention to the trademark search before application
Trademark search is an important task, and only Only through inquiries can we understand the status of prior rights and reduce the rejection rate of applications. At present, there are more than one million registered trademarks in my country, especially for clothing, electronic products, food and other goods. The number of registered trademarks is huge, so it is very easy to apply for registration of the same or similar trademarks on the same or similar goods.
However, some companies do not pay attention to trademark inquiries. He believed that the trademark was his own and would not be identical or similar to other people's trademarks. As a result, the application was rejected, which not only cost more money, but also delayed time, and even affected production.
Another point that must be noted is that after trademark search, it does not mean that it will be 100% approved for registration, because currently only word trademark search business is carried out. , the query results only reflect the word trademark information four months ago, and the prior rights within four months cannot be grasped. In addition, our country has a vast territory, and applicants from different regions across the country apply for the same or similar trademarks in the same category on the same day. The possibility of a trademark is extremely high. Therefore, the trademark search results are for reference only and have no legal effect.
2. Improve self-protection awareness
An enterprise's trademark self-protection awareness is reflected in two aspects: trademark registration and use management. Here we only talk about the protection awareness that should be possessed in registration.
① Apply for registration in time. The Trademark Law stipulates the first-to-file principle. However, some companies lack trademark registration. Awareness, as a result, the trademark that was originally created and used for many years was registered by others, causing economic losses.
②Be good at weaving a solid protective net. When your brand is somewhat famous, some people, driven by economic interests, will ride on similar products with similar trademarks. In order to be effective To prevent others from infringing, it is very necessary to scientifically weave a solid protection network. On the one hand, you can apply to register some similar trademarks around your main trademark.
3. Design a good trademark
Trademark design involves many fields, and several elements usually need to be grasped:
① The trademark must be distinctive. The more distinctive the trademark is, the more impressive it can be on consumers. For example, a simple geometric figure or a A trademark consisting of overly complex graphics cannot create a sensory impression; another example is a trademark consisting of only one or two letters in a common font, which is not suitable for monopoly due to the limited number of letters; another example is a common title, etc., these are all Lack of distinctiveness and no identification function as a trademark.
②Trademark design must comply with legal requirements and cannot use prohibited words and graphics stipulated in Article 8 of the Trademark Law.
③Trademark design should change the tendency of focusing on realism, and advocate the use of more original words or graphics without specific meanings as trademarks. Such as "Langqi", "COLGATE" ", etc., these trademarks are original, distinctive and easy to be approved for registration.
④Trademark design should take into account the customs and habits of different countries, regions, and ethnic groups, conform to the psychology of consumers, and prevent the occurrence of negative cultural influences.
⑤The trademark design must be artistic. The designed trademark must be easy to read, see, remember, simple and clear, and give people For beauty.
4. Use it with caution and moderation and publicity of trademarks under registration application
A trademark registration application does not equal the determination of the exclusive right to use a trademark. Therefore, the use and promotion of the trademark under application should be used with caution and moderation.
① Do not mark the registration mark when using it, that is, " ⑩", "@" and "registered trademark", otherwise it is considered as a counterfeit registered trademark.
② Do not print too much on the outer packaging items , and the investment in advertising fees should not be too large to avoid economic losses caused by problems in confirming rights.
5. Declare trademarks and fill in products scientifically Name
① Whether to apply for a combination trademark or a single trademark, this It depends on what kind of goods the trademark is used on. If the trademark is used on a large commodity, a combined trademark is necessary; if the trademark is used on clothing, shoes, belt buckles, etc., the combined trademark may not be beautiful enough. Of course, it is better to apply for a single trademark.
The above content is the relevant answer, if you still If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
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