Can the trademark graphic be queried
The National Trademark Office does not provide searches for trademark graphics. Some agency organizations The query system can query, but it must first decompose the graphics into graphic elements and then query. However, although this query has reduced the possibility of the graphics being the same or similar, it still cannot completely rule out the possibility of the graphics being the same or similar. Therefore, this requires the applicant to design a relatively unique graphic and conduct a search to reduce the chance of being rejected. Currently, the China National Trademark Office does not provide graphic search, but in fact, this kind of search should be available. , with the increasing improvement of trademark services, I believe that the query of graphics provided by the Trademark Office will soon become a reality from an idea.
1. How to review trademarks with similar graphics
(1) The composition and overall appearance of the trademark graphics are similar and easy to If it causes the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.
(2) The trademark completely includes the prior trademark of others If a graphic trademark with a certain degree of popularity or strong distinctiveness is likely to cause the relevant public to believe that it belongs to a series of trademarks and misunderstand the source of the goods or services, it will be determined to be a similar trademark.
2. How to review similar combination trademarks
(1) If the Chinese character part of a trademark is identical or similar, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.
(2) Foreign language, letters and numbers of the trademark If the trademark is identical or similar and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.
But the overall call, meaning or appearance are obviously different, Exceptions are made where it is difficult for the relevant public to misunderstand the source of the goods or services.
(3) The main differences between different languages in trademarks If the meaning is the same or basically the same and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.
However, the overall composition, call or appearance are obviously different, Exceptions are made where it is difficult for the relevant public to misunderstand the source of the goods or services.
(4) The trademark graphics are partially similar and easy to use If the relevant public misunderstands the source of the goods or services, it will be determined to be a similar trademark.
However, because the graphics are commonly used patterns for this product, or mainly serve as decoration or background, they are included in the trademark The distinctiveness is weak, and the overall meaning, name or appearance of the trademark is obviously different, except where it is difficult for the relevant public to misunderstand the source of the goods or services.
(5) The trademark text and graphics are different, but If the arrangement and combination or the overall description of things are basically the same, making the overall appearance or meaning of the trademark similar, and easily causing the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark.
Some people seek illegal benefits from trademarks , will choose to use some graphics that are relatively myopic with other people’s trademarks, thereby misleading the public so that they can purchase their own products. It should be noted that such behavior often constitutes trademark infringement, so you must not use graphics similar to trademarks to avoid losses to your own interests. For more relevant knowledge, you can consult a lawyer on the Legal Savior Network.
