I. Description of Trademark Inquiry In order to effectively curb data grabbing and illegal attacks and ensure the access speed and inquiry effect of ordinary users, the new online inquiry system has added network security equipment, strengthened security protection mechanism and preset security access rules. Since it was launched in May, 20 17, the daily average number of access requests of the system has exceeded 20 million, and the public experience is good. After analysis, the main reasons why a few users can't access the trademark online inquiry system normally are as follows: first, the user's computer is installed with third-party inquiry software or plug-ins, which leads to non-manual and high-frequency access to the system and restricts access; Second, other computers in the public IP address where the user's computer is located have machine access behavior, which triggers the access prohibition rule many times, resulting in the public IP address being prohibited from accessing. Users can solve the access restriction problem in the following ways: 1. If the user has installed the third-party query software or plug-in, please close the third-party query software or plug-in, clear the browser cache, and try to access again after 1-3 hours; 2. If you can't access for a long time, please contact your network service provider and change the public IP address. If users have any questions, please dial: 010-63219461/63219463. We are very sorry that a small number of users can't access it normally. We will further optimize the security access rules and provide better trademark inquiry services for the public while responding to illegal attacks. Two. Trademark inquiry method The only official organization for trademark inquiry is Tongda Trademark Service Center (the institution under the State Administration for Industry and Commerce, hereinafter referred to as the Center). The specific query method is as follows: 1. Before applying for trademark registration, the center only inquired about domestic trademark applicants and trademark agencies. Foreigners or foreign enterprises shall entrust foreign-related trademark agencies designated by the State Administration for Industry and Commerce to handle trademark inquiries. The types of trademarks queried are Chinese (including hanyu pinyin), English (prefix) and their synthetic trademarks, graphic trademarks and graphic parts in trademarks are not queried for the time being. 2. Organizations with trademark agency rights approved by the Trademark Office can inquire about trademarks by fax, email or directly submitting accounts. Enterprises and individuals can only use direct payment to inquire about trademarks. 3. At the request of inquiring units and individuals, the Center can handle expedited trademark inquiry in addition to general inquiry: general inquiry: the inquiry results will be provided from the fifth day after receiving the Trademark Inquiry Form (except legal holidays). Expedited inquiry: provide the inquiry results within 48 hours (except legal holidays) after receiving the Trademark Inquiry Form. Don't handle urgent inquiries by email. 4. Price: (1) General trademark inquiry: 60 yuan for each Chinese trademark; Each foreign trademark 100 yuan; Graphic trademark per piece 120 yuan (no inquiry for the time being). Expedite trademark inquiry, and the expedited fee will be doubled according to the above charging standard. Inquiry of combined trademarks: for English (including letters and prefixes) Chinese trademarks (note: trademarks with uncertain or inconsistent meanings in Chinese and English), graphic Chinese trademarks and graphic English trademarks (no inquiry for the time being), two Chinese and foreign trademarks will be charged. (2) For the convenience of charging, 20 yuan fax fee is temporarily charged for domestic fax inquiry. 5. The trademark inquiry fee of each trademark agency organization shall be regularly allocated to the center by the Trademark Office from the trademark fees prepaid by each agency organization according to the actual expenses. 6. Trademark inquiry form and inquiry report form shall be uniformly formulated by the center, and each agency shall print it by itself according to this form.
Legal objectivity:
A trademark is a distinctive symbol composed of characters, graphics, letters, numbers, three-dimensional symbols, colors or the combination of the above elements. It is adopted by commodity producers and operators on the goods they produce, manufacture, process, select and distribute or by service providers on the services they provide, and it is the product of modern economy. In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks. A trademark approved for registration by the state is a "registered trademark" and is protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or license others to use them for compensation. I. Preparation for registration 1. Choice of registration methods: one is to apply for trademark registration with the Beijing State Trademark Office (China Trademark Law allows its citizens to apply for trademark registration directly with the Trademark Office of the State Administration for Industry and Commerce). Another way is to entrust an experienced trademark agency to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge the corresponding agency fee. Attachment: The business conditions that a trademark agency should have: it can provide accurate legal advice and effective legal services to clients, it must be very familiar with various legal provisions and working procedures such as trademark registration application, use renewal, transfer license, objection in the application process, case analysis, review and defense, it must be familiar with the international classification of trademarks and services, accurately use 34 kinds of goods and services, and understand the connotation of 485 similar groups. 2. Right inquiry before trademark registration: Trademark inquiry refers to the inquiry whether the trademark applied by the trademark registration applicant or his agent is the same as or similar to the trademark before registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to inquire and retrieve this information. In addition, trademark inquiry and examination are undertaken by different personnel, and inquirers and different examiners may have different opinions on the examination point of view. Therefore, the trademark query results cannot be used as a legal basis and have no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency with perfect trademark inquiry conditions before registering a trademark. 3. Preparation of trademark application materials: (1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of your ID card. To apply for registration with an enterprise as the applicant, it is necessary to produce a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration, stamped with the official seal of the unit and personal signature. (2) 10 trademark pattern (for color trademarks with specified colors, 10 color pattern and 1 black and white ink draft shall be submitted). The provided trademark pattern must be clear and easy to stick, and replaced by bright and durable paper or photos, with the length and width not exceeding 10 cm and less than 5 cm. If the direction of the trademark pattern is not clear, it should be indicated by an arrow. When applying for trademarks of cigarettes and cigars, the design can be as big as the actual use. (3) Prepare the corresponding registration fee: registered trademark fee 1 1,000 yuan. If you entrust a trademark agency, you need to pay the trademark agency fee around 800 yuan. 2. Apply for registration 1. Only individuals or groups who meet the following conditions can apply for a trademark in China: the applicants for trademark registration must be enterprises, institutions, social organizations, individual industrial and commercial households established according to law, individuals who have entered into a partnership with China or signed an agreement with China. Foreigners or foreign enterprises in countries that have acceded to international treaties or handled according to the principle of reciprocity meet the above conditions and need to obtain the exclusive right to use a trademark, they should file an application for trademark registration with the Trademark Office on a voluntary basis (starting from 200 1,1,China's Trademark Office began to accept applications for registered trademarks from natural persons). 2. Application by classification of goods and services: At present, China's trademark law implements international classification of goods, and divides 1 10,000 kinds of goods and services into 42 categories, including 34 categories of goods and 8 categories of services. When applying for trademark registration, the category of goods or services using the trademark shall be determined according to the classification of goods and services. If the same applicant uses the same trademark on different kinds of goods, he should apply for registration according to the classification of goods, which can avoid the improper expansion of the scope of application of trademark rights, and is also conducive to the examination and approval of examiners and the protection of trademark exclusive rights. Because China's trademark registration adopts the principle of applying first, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application (the minimum date unit is' day'). Three. Trademark examination refers to a series of activities that the competent trademark registration authority conducts information retrieval, analysis and comparison, investigation and study on whether the trademark registration application conforms to the provisions of the Trademark Law, and decides to give preliminary approval or reject the application. Four. The announcement of trademark approval by preliminary examination means that the application for trademark registration is approved after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time.