(1) Approximate judgment: We should judge from the font, pronunciation, meaning or graphic composition of trademark words, or the overall structure after the combination of trademark elements, or its three-dimensional shape and TINT. If the existence of two trademarks * * * makes the relevant public misunderstand the source of the goods, it is judged as an approximate trademark.
(2) Judging whether a trademark lacks distinctiveness: According to the provisions of the Trademark Law, a trademark lacking distinctive features is not granted the exclusive right to use a trademark. The distinctive features of a trademark usually refer to the features that a trademark should have in order to realize its functions, which are enough to enable the relevant public to identify the source of goods. When we analyze whether a trademark is significant, we will mainly consider the following aspects:
1. All elements (including meaning, calling, appearance, etc. ) what constitutes the trademark logo itself, such as too simple lines or graphics, too complicated words, numbers, letters, graphics, or too complicated combination of elements, is not suitable as a symbol to distinguish the source of goods.
2. The trademark is too closely related to the goods designated for use. For example, using the appearance of goods as trademarks can not distinguish the source of goods, and it is not convenient to distinguish these specific businesses from other peers in consumer groups. Such trademarks are missing.
3. Trademarks stipulate the cognitive habits of the relevant public who use goods. As a symbol to distinguish the providers of goods or services, the subject of trademark recognition is the relevant public of a specific commodity or service. In other words, when we observe whether a sign has distinctive features, we should stand in the perspective of the relevant public or consumers in this field.
The inquiry stage of a trademark is the key factor to determine whether a trademark can be successfully registered. A regular agency has experienced professionals with a solid professional foundation. Knowing the trademark review standards and evaluation rules and accurately judging whether a trademark violates regulations are of great help to the success of trademark registration. Therefore, applicants who lack professional experience should choose professional trademark agencies to inquire and analyze trademarks before registration, thus effectively reducing the risk of trademark registration.