How to check whether someone else’s trademark is registered

The first is the online trademark query system (that is, the public trademark query service authorized by the State Intellectual Property Office); the second is the internal trademark query system query of the enterprise (this service is limited to internal employees of the enterprise); and finally, the trademark query service is submitted to the Trademark Office Submit a formal search request and entrust the Trademark Office's dedicated search personnel to conduct a detailed review. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. How to check whether someone else’s trademark is registered

Before submitting an application for trademark registration, it is recommended that the applicant first conduct a search for relevant trademark information.

The main purpose of this work is to retrieve whether there is any previous There are potential conflicts in trademark registration applications.

Generally speaking, trademark inquiries can be divided into the following three specific aspects:

1. Enter the public trademark query system of the State Intellectual Property Office through the Internet for online query;

2. Use the company's internal trademark query system to conduct queries;

3. Officially submit the trademark search request to the Trademark Office and entrust the professional search personnel of the Trademark Office Make in-depth and detailed inquiries.

《 Trademark Law Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial affairs A flag used in events to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization for its goods or services to certify the origin of the goods or services.

Collective trademark. , special matters concerning the registration and management of certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council

2. What will happen if you do not pay compensation for trademark infringement

First of all, there must be actual damage or the possibility of threatened damage, which means that the infringement has had a substantial impact on the trademark owner or is about to cause Unfavorable results, this impact can be reflected in specific forms such as a decline in product sales, a reduction in economic benefits, and even damage to the reputation of the trademark.

The act itself must be illegal, that is to say, the actor actually exercised the rights of the trademark owner without authorization or permission and without any legal basis.

Third, there must be necessity between the fact of damage and the illegal act. Causal connection, that is, the harm must be directly caused by the illegal act.

Finally, the perpetrator's subjective attitude is also an important factor in determining whether trademark infringement occurs, including intentional and negligent situations.