How Does Trademark Registration Apply To Trademark Infringement?

All those who have seen the journey to the West know that the real and false monkey king had made Tang Seng confused and confused, and even Avalokiteshvara was baffled. In reality, it is not unusual for a star to bump into her face. No wonder fans mistake Zhang Yishan for Xia Yu and Xia Yu as Jiang Wen, but these are all jokes. In fact, trademark registration is the most reluctant to bump into the face. The biggest fear is not only sounds like it looks like a mold.

Trademark registration is a long process, and any mistakes in one link have been rejected. risk 。 Like star collision, trademark has become one of the most important reasons for trademark rejection. Xiaobian, as a service provider of intellectual property, will talk with you today. How does trademark registration encounter trademark?

First of all, let us first understand what is an approximate trademark. The so-called trademark is not the same as registered trademark, but in shape, pronunciation Or the meaning is the same or similar to the registered trademark, and it is easy to make the ordinary consumers have a wrong understanding of the source of the goods.

To judge the approximate standard of trademarks, we should take the general attention of the general public as the standard, take the overall observation and comparison of the main parts, and take into consideration the significance and popularity of trademarks.

According to the different stages and actual situations of trademark application, trademarks are roughly divided into four situations.

First, trademark search process. As is known to all, trademark registration is necessary before trademark registration is done to see whether it is similar or similar to the registered trademark before, so that it will prevent it from happening. If the logo that wants to be registered as a trademark is similar to the registered trademark in terms of characters and graphics, it needs to change the three aspects of the logo's pronunciation, form and meaning by adding characters, changing characters or modifying graphic design, so as to achieve a significant difference from the effect of the prior trademark and avoid the failure of registration due to the trademark's proximity.

Two. The initial stage of trademark examination. " Trademark law "Article thirtieth provides that the Trademark Office shall reject the application of the same or similar trademark registered or initially approved by another person on the same commodity or similar commodity. If the trademark is rejected by the Trademark Office at the initial stage of the trial, the trademark registrant may make a re examination to the business jury within 15 days after receiving the notice of rejection. Because the examination of trademark is mainly based on human judgment, there will inevitably be human subjective factors, and there will be similar misjudgments. In the process of review, the Trademark Review and Adjudication Board has a more rigorous and objective review process, so rejecting the review of trademark applications is also one of the effective ways to solve trademark approximation.

Three. Trademark notice period. There is a notice period of three months after the initial adoption of the trademark. If the prior obligee makes an objection on the basis of trademark similarity in the notice period, the Trademark Office will conduct an examination after the end of the objection (announcement) period. If the objection is successful, that is, the trademark that has applied for registration is declared invalid by the trademark owner of the previous trademark on the grounds that the trademark is similar, and is dissatisfied with the dissenter. The trademark applicant may apply for an objection review to the business jury within 15 days of receiving the notification.

Four. After registration is successful. After a trademark applicant obtains a trademark registration certificate, if he finds that a trademark which has been applied by another person is similar to his registered trademark, that is, "trademark is approximate", he should react positively and protect the registered trademark by legal means.

At this stage, China's small and medium-sized enterprises are developing rapidly, and the number of trademark registrations continues to increase. Trademarks, especially Chinese character trademarks, are gradually decreasing as a limited resource. In addition to bad behavior such as rush registration and malicious registration, trademarks are increasingly becoming the minefield of trademark registration, which is a major obstacle to the successful registration of trademarks. However, trademark approximation is not an unsolved method. As a domestic professional large-scale comprehensive intellectual property technology service cloud platform, China has been highly praised by the industry. It has been highly praised by the industry. It is based on customer needs, trademark registration and trademark registration. It is necessary to have "diamond diamond" to do "porcelain live". Trademark registration is to find a small editor, so that intellectual property rights can provide a systematic solution for your trademark registration service.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.