China trademark application search is one of the first steps that the applicant needs to conduct before filing an application. Trademark searches help you find similar goods or services that will limit your ability to protect your mark. A trademark has to uniquely identify your goods and services as coming from you. If someone else is using a similar mark for a similar purpose, then their use of the similar mark will limit your ability to protect yours.
Investing in the value of a trademark is an important part of a business’s strategy since the value of a trademark or trademarks to a great extent determines the profitability of the organization and thus its value.
Conducting Trademark Searches
As a first step to protecting trademarks, you are advised to conduct a trademark search to make sure that the mark in question is not already in use by another enterprise in the target markets. Trademark office in China register marks without comparing them with existing trademark registrations and applications received earlier, but leave it to your future competitors to give notice of opposition once the mark or the application has been published/registered. Therefore, obtaining trademark registration in China is no guarantee that the trademark will not be infringing on the rights of others. It is therefore important, wherever possible, to search national trademark databases prior to using a trademark for your export operations.
Trademark searches may be conducted through online databases (though few countries currently offer such services), specialized firms, or at the national trademark registry. It is important to bear in mind that, while trademarks which are identical to your own mark can be easily identified, confusingly similar trademarks that conflict with your own will be more difficult to spot. Depending on the merits of the case, it may be advisable to use the services of a competent trademark agent or attorney for a trademark search for your SME.
Since most trademarks (with the exception of well-known marks) only protect the goods or services for which they are registered as well as those goods or services that are similar to those for which the trademark is registered, your registered trademark may be lawfully used by others for marketing goods or services that are unrelated to those of your SME.
In conclusion, Trademarking is not a simple process. Your biggest threat to getting the protection that you want is the way in which other businesses use your brand or brands like it. An accurate trademark search is absolutely essential to obtaining strong trademarks.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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