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How to query a trademark

Time: 2024.03.03 label: intellectual property right trademark Reading: 915 people
Lawyer's analysis:
1. After general application for registration trademark In about six months, the application information will be published on the official website of the National Trademark Office. You can check the status of trademark application on the official website of the National Trademark Office, or you can query the trademark information on the official website of landmark trademark query.
2. Has Registered trademark The trademark application status can be queried in "Comprehensive Query".
3. To check whether the trademark is rejected, check in "Status Query".
4. To query whether there is a blind area in the application of trademark, please refer to "approximate query".
Legal basis:
Article 8 of the Trademark Law of the People's Republic of China
Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, can be applied for registration as a trademark.
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This act constitutes the crime of counterfeiting registered trademarks. The specific sentencing standard is that if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined

 Lawyer Wang Chao
Lawyer Wang Chao
eighteen billion two hundred and sixty-six million nine hundred and sixty-five thousand six hundred and ninety-eight
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There are two basic modes for the recognition of well-known trademarks: active recognition and passive recognition. Passive identification refers to the identification at the request of the trademark owner when the trademark owner claims rights, that is, when there is an actual right dispute. The way to take the initiative to identify is not there

If the trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. The trademark applied for registration on different or similar goods misleads the public, resulting in the

 Lawyer Wang Chao
Lawyer Wang Chao
eighteen billion two hundred and sixty-six million nine hundred and sixty-five thousand six hundred and ninety-eight
Consult me
Selected pictures and texts Pufa video Voice Answers
  • What materials should be provided for trademark application

     Legal Advisor

    Legal Advisor

    To apply for trademark registration, one must prepare: an application for trademark registration (clearly filled in or attached with the power of attorney), five color drawings, one black and white ink draft, and a copy of ID card. If the portrait is used, a notarized power of attorney shall be attached; To apply for a collective trademark or certification trademark, the entity qualification certificate and use management rules shall be submitted.

    Views: one thousand two hundred and ninety-nine 2024-06-30
  • Is the use of homophones on signboards an infringement

     Legal Advisor

    Legal Advisor

    According to China's Trademark Law, trademark infringement is not limited to similar sounds, but the key lies in the unauthorized use of the same or similar marks with registered trademarks in the same or similar goods/services, or the similar visual effects may lead to confusion among consumers. Infringement needs to consider the overall visual effect of the logo and its impact on consumers' purchase decisions, not just the similarity of shape, pronunciation or meaning.

    Views: one thousand two hundred and eight 2024-06-30
  • How to Identify Trademark Infringement in Trademark Law

     Legal Advisor

    Legal Advisor

    Article 57 of China's Trademark Law stipulates a number of trademark infringement acts: without permission, use the same or similar logo on the same or similar goods as the registered trademark, including manufacturing, selling infringing goods or providing convenience. Changing registered trademarks and putting them on the market, as well as supporting or facilitating trademark infringement in any form, constitute violations and damage the rights and interests of trademark owners.

    Views: one thousand and seventy-seven 2024-06-30
  • How to judge trademark use behavior

    Lawyer Luo Hong

    The act of using trademarks on commodities, commodity packages or containers, and commodity transaction documents, or in advertising, exhibitions, and other commercial activities to identify the source of commodities. Such as commercial publicity in newspapers, magazines, television, advertisements and other advertising media.

    Play volume: six hundred and sixty-four 2022-06-07
  • What are the constituent elements of trademark infringement

    Lawyer Luo Hong

    The first is to use the same trademark as its registered trademark on the same kind of goods without the permission of the registered trademark obligee, which constitutes infringement; the second is to use a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant.

    Play volume: one thousand and seventeen 2022-06-07
  • How to follow the trademark infringement litigation process

    Lawyer Luo Hong

    1. Prosecution: submit a petition to the filing court of the competent court. 2. Filing: If the conditions for filing are met, the party concerned shall be notified to pay the legal fees within 7 days, and the case shall be filed after the fees are paid. 3. Conduct defense. 4. Evidence exchange. 5. Hearing. 6. The collegial panel shall make a ruling on a collegial basis, and if it is not satisfied with the ruling, it shall file an appeal.

    Play volume: six hundred and seventy-one 2022-06-07
 Lawyer Wang Chao

Zhejiang Yandi Law Firm

Lawyer Wang Chao is a member of the All China Lawyers Association. He has been engaged in the study and research of law since 2008, and now works in Yongkang Zhejiang Yandi Law Firm. So far, he has rich experience in handling cases. Civil and commercial affairs: successfully represented dozens of economic contract disputes, marriage and family disputes, tort disputes, property disputes, traffic accident disputes, industrial injury disputes and other cases; He has handled dozens of labor dispute cases for many migrant workers, and recovered millions of unpaid wages for them, effectively safeguarding the legitimate rights and interests of the parties. It has successfully represented some influential cases, and some litigation cases that have been handled have been reported in newspapers, and have been widely praised and recognized by customers. Criminal aspect: successfully defend all kinds of criminal cases, and due diligence may safeguard the legitimate rights and interests of the defendant according to law. Lawyer Wang Chao has a rigorous and serious working attitude, works hard to handle every case for the clients, and wins the trust and praise of the clients. He is a young and promising lawyer with both theory and practice.

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  • How to deal with trademarks after company cancellation

    1076 people read

    After the cancellation of the company, the trademark can be transferred or abandoned. To cancel a trademark, an application shall be submitted to the Trademark Office of the State Intellectual Property Office and the Trademark Registration Certificate shall be returned. After the cancellation of the trademark, the original trademark owner no longer has the exclusive right to use the trademark, but can negotiate the transfer or permit others to use it. If it is not handled in time, it may face the risk of rush registration.

  • Whether the cancellation of the company is legal in the process of trademark transfer

    1608 people reading

    Discuss the legality of trademark transfer during the cancellation period of the company. The trademark right of a company under cancellation can be transferred in three ways: it can still be transferred within one year after cancellation; If the trademark is not handled in the process of cancellation, the enterprise can realize the transfer through the transfer of trademark rights; Before cancellation, the trademark has been listed as the object of transfer and can be transferred to other companies or individuals.

  • What should the defendant do if the salesperson infringes the company's trademark right

    1398 people read

    The sales team was accused of trademark infringement, and the countermeasures are as follows: first, actively communicate with the plaintiff to seek reconciliation or mediation; If the settlement fails, collect evidence immediately, and submit the defense within 15 working days after receiving the copy of the indictment to protect their own rights and interests. Resolve disputes through reasonable response to ensure that the company's interests are not damaged.

  • Is trademark use right an intangible asset

    1210 people read

    Trademark right is an important part of intangible assets and belongs to the exclusive property of registered trademark holders. The trademark owner enjoys exclusive right of use and is fully protected by law within the validity period. However, if the trademark is not renewed in time, it will lose legal protection. The trademark right not only represents the corporate image, but also is an important tool for market competition.