Trademark registration method and device
By establishing a pre-set database to automatically compare trademark registration information, the problem of the inability to quickly and effectively determine whether a trademark can be registered has been solved in the existing technology. This enables rapid and effective trademark registration judgment, reduces labor costs, prevents the registration of malicious trademarks, and maintains market order and corporate interests.
Patent Information
- Application Number
- CN202511241074.9
- Authority / Receiving Office
- CN · China
- Patent Type
- Applications(China)
- Current Assignee / Owner
- Filing Date
- 2020-11-02
- Publication Date
- 2025-11-21
AI Technical Summary
Existing technologies cannot quickly and effectively determine whether a trademark can be registered, resulting in high labor costs and frequent occurrences of unethical trademark registration practices, which affect market order and corporate interests.
By establishing a pre-set database, the system automatically compares trademark registration information with prohibited registration information, including name and applicant information, to determine whether a trademark can be registered and sends risk warnings when necessary.
It enables rapid and effective assessment of trademark registration eligibility, reduces labor costs, prevents the registration of unauthorized trademarks, and safeguards market order and corporate interests.
Smart Images
Figure CN120996761A_ABST
Abstract
Description
TECHNICAL FIELD
[0001] The present application relates to the field of trademark registration, and particularly relates to a trademark registration method and device. BACKGROUND
[0002] In recent years, with the continuous attention of the state to intellectual property rights, the awareness of enterprises for self-brand maintenance and technological innovation is gradually strengthened. Taking trademarks as an example, the number of new trademark applications in China increases year by year, showing an explosive trend.
[0003] Therefore, how to determine whether a trademark can be registered faster and more effectively becomes a problem to be solved urgently. SUMMARY
[0004] Therefore, the embodiments of the present application are dedicated to providing a trademark registration method and device to solve the problem that whether a trademark can be registered cannot be determined quickly and effectively in the prior art.
[0005] The first aspect of the present application provides a trademark registration method, wherein the method comprises: obtaining registration information of an input trademark; and automatically comparing the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered.
[0006] In an embodiment, the registration information of the trademark comprises a name of the trademark and / or information of an applicant of the trademark.
[0007] In an embodiment, the automatically comparing the registration information of the trademark with the prohibited registration information in the preset database to determine whether the trademark can be registered comprises: automatically comparing the name of the trademark with prohibited registration words in the preset database to determine whether the trademark can be registered.
[0008] In an embodiment, the prohibited registration words comprise all-class prohibited registration words and specified-class prohibited registration words, and the automatically comparing the name of the trademark with the prohibited registration words in the preset database to determine whether the trademark can be registered comprises: if the name of the trademark to be registered comprises the all-class prohibited registration words, determining that the trademark cannot be registered; and if the name of the trademark to be registered comprises the specified-class prohibited registration words, determining that the trademark cannot be registered in the specified class.
[0009] In an embodiment, the automatically comparing the registration information of the trademark with the prohibited registration information in the preset database to determine whether the trademark can be registered comprises: automatically comparing an applicant with prohibited registration applicants in the preset database to determine whether the trademark can be registered; and if the applicant is a prohibited registration applicant, determining that the trademark cannot be registered.
[0010] In an embodiment, the method further comprises: determining whether the trademark is a trademark with a registration risk; and if the trademark is a trademark with a registration risk, sending a risk warning to a user.
[0011] In an embodiment, determining whether the trademark is a trademark with a risk of registration comprises: determining whether the trademark is a trademark with a risk of registration according to whether a risk word is contained in the name of the trademark and / or whether the number of trademarks under the applicant exceeds a preset value.
[0012] The second aspect of the present application provides a trademark registration device, wherein the device comprises a processing unit, and the processing unit is configured to: acquire registration information of an input trademark; and automatically compare the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered.
[0013] In an embodiment, the registration information of the trademark comprises the name of the trademark and / or information of the applicant of the trademark.
[0014] In an embodiment, the processing unit is specifically configured to: automatically compare the name of the trademark with prohibited registration words in the preset database to determine whether the trademark can be registered.
[0015] In an embodiment, the prohibited registration words comprise all-class prohibited registration words and specified-class prohibited registration words, and the processing unit is specifically configured to: if the name of the trademark to be registered comprises all-class prohibited registration words, determine that the trademark cannot be registered; and if the name of the trademark to be registered comprises specified-class prohibited registration words, determine that the trademark cannot be registered in the specified class.
[0016] In an embodiment, the processing unit is specifically configured to: automatically compare the applicant with prohibited registration applicants in the preset database to determine whether the trademark can be registered; and if the applicant is a prohibited registration applicant, determine that the trademark cannot be registered.
[0017] In an embodiment, the processing unit is further configured to: determine whether the trademark is a trademark with a risk of registration; and the device further comprises a transceiver unit, and the transceiver unit is configured to: if the trademark is a trademark with a risk of registration, send a risk warning to a user.
[0018] In an embodiment, the processing unit is specifically configured to: determine whether the trademark is a trademark with a risk of registration according to whether a risk word is contained in the name of the trademark and / or whether the number of trademarks under the applicant exceeds a preset value.
[0019] The third aspect of the present application provides a trademark registration device, comprising a memory and a processor. The memory is configured to store instructions, and when the instructions are executed, the processor is configured to execute the method in the first aspect of the present application or any embodiment of the first aspect.
[0020] The device can be one or more chips, the processor can be implemented by hardware or software, when implemented by hardware, the processor can be a logic circuit, an integrated circuit, etc.; when implemented by software, the processor can be a general-purpose processor, which is implemented by reading software codes stored in a memory, the memory can be integrated in the processor or located outside the processor and exist independently.
[0021] The fourth aspect of the present application provides a computer readable storage medium, which stores a computer program (also referred to as code or instruction), when the computer program runs on a computer, the computer executes the method as described in the first aspect of the present application or any one of the embodiments in the first aspect. BRIEF DESCRIPTION OF DRAWINGS
[0022] Figure 1 A flow chart of a trademark registration method provided by an embodiment of the present application is shown.
[0023] Figure 2 A flow chart of another trademark registration method provided by an embodiment of the present application is shown.
[0024] Figure 3 A flow chart of still another trademark registration method provided by an embodiment of the present application is shown.
[0025] Figure 4 A schematic block diagram of a trademark registration device provided by an embodiment of the present application is shown.
[0026] Figure 5 A schematic block diagram of another trademark registration device provided by an embodiment of the present application is shown. DETAILED DESCRIPTION
[0027] The technical solutions in the embodiments of the present application will be described clearly and completely below with reference to the drawings in the embodiments of the present application. Obviously, the described embodiments are only some of the embodiments of the present application, but not all the embodiments. Based on the embodiments in the present application, all other embodiments obtained by those skilled in the art without creative work fall within the scope of protection of the present application.
[0028] At present, for the trademark registration application submitted by a user, the industry mainly relies on the accumulation of professional knowledge and subjective experience to determine whether the trademark can be registered. This method has great limitations in coverage and effectiveness, and cannot quickly and effectively determine whether the trademark can be registered.
[0029] In order to solve the problem, the present application provides a trademark registration method, which can automatically determine whether the trademark can be registered, so as to achieve the purpose of being fast and effective.
[0030] As shown in Figure 1 the method comprises steps S110-S120.
[0031] S110, obtaining inputted registration information of a trademark.
[0032] The registration information of the trademark can be inputted by a user through a man-machine interactive interface.
[0033] The user in the embodiment of the application can be an applicant or an agent of an agency entrusted by the applicant.
[0034] S120, automatically comparing the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered.
[0035] The application can pre-establish a database storing the prohibited registration information, and then determine whether the trademark can be registered by judging whether the prohibited registration information is included in the registration information of the trademark.
[0036] For example, if the prohibited registration information is included in the registration information of the trademark, it is determined that the trademark cannot be registered; if the prohibited information is not included in the registration information of the trademark, it is determined that the trademark can be registered.
[0037] The above-mentioned method of automatically comparing by the system to determine whether the trademark can be registered can greatly save labor cost, and by intervening in the trademark registration operation behavior of the applicant during the application process, the purpose of protecting the trademark name and avoiding bad trademark registration behavior can be achieved.
[0038] In addition, a perfect preset database can further accurately exclude bad trademark registration behavior.
[0039] Bad trademark registration behavior may, for example, include behavior of seeking benefits by preempting registered trademarks. If such trademarks are allowed to be registered, it will have a certain impact on market order and cause economic losses to some enterprises. Therefore, accurately excluding bad trademark registration behavior can stabilize social order to a certain extent and protect the economic interests of some enterprises.
[0040] The registration information of the trademark in the embodiment of the application can include any information required to be provided during the registration process of the trademark. For example, the registration information of the trademark can include the name of the trademark and the applicant information of the trademark. For another example, the registration information of the trademark can include the pattern information of the trademark.
[0041] The method of determining whether the trademark can be registered by the name of the trademark, the applicant information of the trademark, etc. is relatively simple and easy to implement in operation.
[0042] Taking the trademark registration information including the name of the trademark as an example, the preset database can include prohibited registration words. When the information is compared, the name of the trademark can be automatically compared with the prohibited registration words in the preset database to determine whether the trademark can be registered.
[0043] As an implementation manner, if the name of the trademark includes the prohibited registration words, it is determined that the trademark cannot be registered; if the name of the trademark does not include the prohibited registration words, it is determined that the trademark can be registered.
[0044] On this basis, there can be some words that can only be registered in some fields but are not limited in other fields. If the trademark is directly determined to be unregistered according to the words, the interests of the applicant will be damaged.
[0045] Therefore, further, the embodiment of the application can classify the prohibited registration words, for example, the prohibited registration words can be classified into all-class prohibited registration words and specified-class prohibited registration words.
[0046] The all-class prohibited registration words mean that the words cannot be applied for a trademark in the 45 classes of trademark registration protection. The all-class prohibited registration words can be, for example, the names of countries and the national flags and emblems explicitly specified in the Trademark Law.
[0047] The specified-class prohibited registration words mean that the words cannot be applied for a trademark in specific classes, such as being the same as a prior well-known trademark or being obviously a well-known brand name in the market, but are not limited in other classes.
[0048] If the trademark includes the all-class prohibited registration words, it can be determined that the trademark cannot be registered.
[0049] If the trademark includes the specified-class prohibited registration words, it can be determined that the trademark cannot be registered in the specified class.
[0050] Further, if the trademark includes the specified-class prohibited registration words, the application class input or selected by the user can be further obtained. If the application class is the specified class, the user can be prohibited from registering or prompted to change the application class; if the application class is not the specified class, it can be determined that the trademark can be normally registered.
[0051] The above-described manner of automatically comparing the prohibited registration words in the preset database according to the name of the trademark to determine whether the trademark can be registered can automatically, efficiently and more comprehensively protect the economic interests of the applicant of the prior trademark and maintain the specified prohibited application provisions of the Trademark Law. At the same time, the application process of the trademark applicant can be intervened before the trademark application is submitted, and unnecessary economic losses can be avoided.
[0052] Taking the trademark registration information including the applicant information of the trademark as an example, the preset database can include the prohibited registration applicant information. When the information comparison is performed, the applicant can be automatically compared with the prohibited registration applicant in the preset database to determine whether the trademark can be registered.
[0053] As an implementation manner, if the applicant is the prohibited registration applicant in the preset database, it can be determined that the trademark cannot be registered; if the applicant is not the prohibited registration applicant in the preset database, it can be determined that the trademark can be registered.
[0054] The prohibited registration applicant in the embodiment of the present application can also be referred to as a bad trademark applicant. The prohibited registration applicant can be, for example, an applicant of a bad trademark for non-use purpose announced by the trademark office and / or decided by the court.
[0055] The trademark registration application for non-use purpose is a malicious behavior, which should be resisted. If an applicant is announced by the trademark office and / or decided by the court as an applicant for non-use purpose for multiple times, the applicant can be determined as a prohibited registration applicant.
[0056] In the embodiment of the present application, the announcement of the trademark office and / or the decision of the court can be automatically called and analyzed, such as analyzing the person who loses the lawsuit in the decision of the court and the reason for losing the lawsuit, so as to determine the prohibited registration applicant and update the list of the prohibited registration applicant in the preset database.
[0057] The manner of determining whether the trademark can be registered by the prohibited registration applicant described above can effectively avoid the bad trademark applicant announced by the state trademark office or the malicious infringer decided by the court from occupying or maliciously infringing the rights and interests of others with bad purpose through the trademark registration application again, and can prohibit the behavior of the bad trademark applicant before the bad trademark applicant submits the trademark registration application.
[0058] In addition, there are some trademarks with registration risks. These trademarks can be unintentional operations of the user, for example, the user does not realize that the trademark registration violates the relevant provisions of the Trademark Law. Based on this, the embodiment of the present application can send a risk warning to the user for such trademarks to indicate that the user that the trademark registration has risks. In this way, on the one hand, for the unintentional applicant, the applicant can be warned that the relevant provisions of the Trademark Law are violated, and on the other hand, for the intentional applicant, the warning can make the applicant stop the bad application registration behavior as soon as possible.
[0059] The determination of whether the trademark is a trademark with registration risks can include: determining whether the trademark is a trademark with registration risks according to whether the risk vocabulary is contained in the name of the trademark and / or whether the number of trademarks under the applicant exceeds a preset value.
[0060] The risk vocabulary may include, for example, a vocabulary that is likely to have adverse social impact, or a vocabulary that is the same as or similar to a prior well-known brand, etc. Such a vocabulary may be rejected or disputed. If the name of the trademark includes a risk vocabulary, a risk warning may be sent to the user.
[0061] The preset database may also include all registered trademarks under the applicant, and the registered trademarks under the applicant may be automatically retrieved during the trademark registration process. If the number of trademarks registered by the applicant exceeds a certain number, the application may be suspected of malicious registration. In this case, a risk warning may be sent to the user to stop such malicious behavior as soon as possible.
[0062] The manner of the risk warning may be, for example, a warning window popped up on the human-computer interaction interface operated by the user.
[0063] The above processes of comparing the registration information of the trademark with the preset database may be combined with each other. For example, whether the name of the trademark includes a prohibited registration vocabulary and whether the name of the trademark includes a risk vocabulary may be combined to determine the comparison result together; for another example, whether the applicant is a prohibited registration applicant and whether the number of trademarks registered by the applicant exceeds a preset value may be combined to determine the comparison result together.
[0064] The following will be described in conjunction with Figure 2 and Figure 3 .
[0065] Figure 2 The scheme shown is to combine whether the name of the trademark includes a prohibited registration vocabulary and whether the name of the trademark includes a risk vocabulary.
[0066] Figure 2 The method shown may include the following steps: obtaining an input trademark name; retrieving a preset database; and determining whether the trademark name includes a special vocabulary. The special vocabulary may include the above-described all-class prohibited registration vocabulary, the specified-class prohibited registration vocabulary, and the risk vocabulary. If the trademark name includes a prohibited registration vocabulary, the trademark is prohibited from being registered; if the trademark name includes a specified-class prohibited registration vocabulary, the trademark is prohibited from being registered in the specified class; if the trademark name includes a risk vocabulary, the trademark may be allowed to be registered, but a risk warning may also be sent to the user at the same time. If the trademark name does not include any of the above special vocabularies, the trademark is allowed to be normally registered.
[0067] Figure 3 The scheme shown is to combine whether the applicant is a prohibited registration applicant and whether the number of trademarks registered by the applicant exceeds a preset value.
[0068] Figure 3The method shown can include the following steps: obtaining an input applicant name; comparing the applicant name with prohibited registration applicants in a preset database to determine whether the applicant is a prohibited registration applicant. If the applicant is a prohibited registration applicant, the trademark registration is prohibited. If the applicant is not a prohibited registration applicant, it can be further determined whether the number of trademark registrations under the applicant exceeds a preset value. If the number of trademark registrations exceeds the preset value, the trademark registration can be allowed, but a risk warning will be sent to the user at the same time. If the number of trademark registrations does not exceed the preset value, the trademark is allowed to be normally registered.
[0069] The above, in combination with Figures 1 to 3 The method provided by the embodiments of the application is described in detail. In the following, in combination with Figures 4 to 5 The device provided by the embodiments of the application is described in detail.
[0070] Figure 4 is a schematic block diagram of the device for trademark registration provided by the embodiments of the application. As Figure 4 shown, the device 400 can include a processing unit 410.
[0071] In a possible design, the device can be a chip.
[0072] The processing unit 410 can be configured to: obtain input registration information of a trademark; and automatically compare the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered.
[0073] Optionally, the registration information of the trademark includes a name of the trademark and / or information of an applicant of the trademark.
[0074] Optionally, the processing unit 410 is specifically configured to: automatically compare the name of the trademark with prohibited registration words in the preset database to determine whether the trademark can be registered.
[0075] Optionally, the prohibited registration words include all-class prohibited registration words and specified-class prohibited registration words, and the processing unit 410 is specifically configured to: if the name of the trademark to be registered includes the all-class prohibited registration words, determine that the trademark cannot be registered; and if the name of the trademark to be registered includes the specified-class prohibited registration words, determine that the trademark cannot be registered in the specified class.
[0076] Optionally, the processing unit 410 is specifically configured to: automatically compare the applicant with prohibited registration applicants in the preset database to determine whether the trademark can be registered; and if the applicant is the prohibited registration applicant, determine that the trademark cannot be registered.
[0077] Optionally, the processing unit 410 is further configured to determine whether the trademark is a trademark at risk of registration; and the apparatus further comprises a transceiver unit, the transceiver unit 420 is configured to send a risk warning to a user if the trademark is a trademark at risk of registration.
[0078] Optionally, the processing unit 410 is specifically configured to determine whether the trademark is a trademark at risk of registration according to whether a risk word is contained in the name of the trademark and / or whether the number of trademarks registered under the applicant exceeds a preset value.
[0079] The processing unit 410 in the embodiment of the application can be implemented by a processor, and the transceiver unit 420 can be implemented by a transceiver. Figure 5 As shown in the figure, the trademark registration apparatus 500 can include a transceiver 510, a processor 520 and a memory 530. The memory 530 can be used to store indication information, and can also be used to store codes and instructions executed by the processor 520.
[0080] It should be understood that the processor 520 can be an integrated circuit chip having a processing capability of signals. In the implementation process, each step of the above method embodiments can be completed by integrated logic circuits or instructions in the form of software of the hardware in the processor. The processor mentioned above can be a general-purpose processor, a digital signal processor (DSP), an application specific integrated circuit (ASIC), a field programmable gate array (FPGA) or other programmable logic devices, discrete gates or transistor logic devices, discrete hardware components. Each method, step and logic block disclosed in the embodiment of the application can be implemented or executed. The general-purpose processor can be a microprocessor or the processor can also be any conventional processor. The steps of the method disclosed in conjunction with the embodiment of the application can be directly embodied as a hardware code processor for execution, or a combination of hardware and software modules in the code processor for execution. The software module can be located in a random access memory, a flash memory, a read-only memory, a programmable read-only memory or an electrically erasable programmable memory, a register or other mature storage media in the art. The storage medium is located in the memory, and the processor reads the information in the memory and combines the hardware to complete the steps of the above method.
[0081] It can be appreciated that the memory 530 in the embodiments of the present application can be a volatile memory or a nonvolatile memory, or can include both volatile and nonvolatile memory. Among them, the nonvolatile memory can be a read-only memory (ROM), a programmable read-only memory (PROM), an erasable programmable read-only memory (EPROM), an electrically EPROM (EEPROM), or a flash memory. The volatile memory can be a random access memory (RAM) used as an external cache. By way of example, and not limitation, many forms of RAM can be used, such as static random access memory (SRAM), dynamic random access memory (DRAM), synchronous dynamic random access memory (SDRAM), double data rate SDRAM (DDR SDRAM), enhanced SDRAM (ESDRAM), synchlink DRAM (SLDRAM), and direct Rambus RAM (DR RAM). It should be noted that the memory of the system and method described herein is intended to include, but not be limited to, these and any other suitable types of memory.
[0082] The embodiments of the present application also provide a computer storage medium, which can store program instructions for indicating any of the above methods.
[0083] Those of ordinary skill in the art can realize that the units and algorithm steps of the examples described in conjunction with the embodiments disclosed herein can be realized in electronic hardware, or a combination of computer software and electronic hardware. Whether the functions are performed in hardware or software depends on the specific application and design constraints of the technical solution. Those skilled in the art can use different methods to implement the described functions for each specific application, but such implementation should not be considered beyond the scope of the present application.
[0084] Those skilled in the art can clearly understand that, for the convenience and brevity of description, the specific working processes of the above-described system, device and unit can refer to the corresponding processes in the foregoing method embodiments, which will not be described here.
[0085] In several embodiments provided in the present application, it should be understood that the disclosed system, device and method can be implemented in other manners. For example, the described device embodiments are merely schematic. The division of the units is merely logical function division. There can be another division manner for the actual implementation, for example, multiple units or components can be combined or integrated into another system, or some features can be ignored or not executed. In addition, the displayed or discussed mutual couplings or direct couplings or communication connections can be indirect couplings or communication connections through some interfaces, devices or units, and can be in electrical, mechanical or other forms.
[0086] The units described as separate components can or can not be physically separate, and the components shown as units can or can not be physical units, i.e., can be located in one place, or can be distributed on multiple network units. Some or all of the units can be selected according to actual needs to achieve the purpose of the embodiment.
[0087] In addition, each functional unit in the various embodiments of the present application can be integrated into a processing unit, or each unit can exist physically, or two or more units can be integrated into one unit.
[0088] If the functions are implemented in the form of software function units and sold or used as independent products, they can be stored in a computer readable storage medium. Based on this understanding, the technical solutions of the present application can be embodied in the form of a software product, and the computer software product is stored in a storage medium, including a number of instructions to make a computer device (which can be a personal computer, a server, or a network device, etc.) execute all or part of the steps of the methods described in the various embodiments of the present application. The aforementioned storage medium includes: a U disk, a mobile hard disk, a read-only memory (ROM), a random access memory (RAM), a magnetic disk or an optical disk, and various media that can store program codes.
[0089] The above description is merely a specific implementation of the present application, but the protection scope of the present application is not limited thereto. Any person skilled in the art can easily think of changes or replacements within the technical scope disclosed in the present application, which should be covered within the protection scope of the present application. Therefore, the protection scope of the present application should be subject to the protection scope of the claims.
[0090] The above only describes preferred embodiments of the present application and is not used to limit the present application, and any modification, equivalent replacement, etc. made within the spirit and principle of the present application should be included in the protection scope of the present application.
Claims
1. A method of trademark registration, characterized by, The method comprises: obtaining registration information of an input trademark; automatically comparing the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered, wherein the method further comprises: determining whether the trademark is a trademark with a registration risk according to whether a risk word is contained in the name of the trademark and / or whether the number of trademarks registered by the applicant exceeds a preset value; if the trademark is a trademark with a registration risk, sending a risk warning to a user.
2. The method of claim 1, wherein, The registration information of the trademark comprises the name of the trademark and / or the information of the applicant of the trademark.
3. The method of claim 2, wherein, The automatically comparing the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered comprises: automatically comparing the name of the trademark with prohibited registration words in the preset database to determine whether the trademark can be registered.
4. The method of claim 3, wherein, The prohibited registration words comprise general-class prohibited registration words and specified-class prohibited registration words, The automatically comparing the name of the trademark with prohibited registration words in the preset database to determine whether the trademark can be registered comprises: if the name of the trademark to be registered comprises the general-class prohibited registration words, it is determined that the trademark cannot be registered; if the name of the trademark to be registered comprises the specified-class prohibited registration words, it is determined that the trademark cannot be registered in the specified class.
5. The method of claim 2, wherein, The automatically comparing the registration information of the trademark with prohibited registration information in a preset database to determine whether the trademark can be registered comprises: automatically comparing the applicant with prohibited registration applicants in the preset database to determine whether the trademark can be registered; if the applicant is the prohibited registration applicant, it is determined that the trademark cannot be registered.
6. An apparatus for trademark registration, characterized by The device comprises units for performing the method according to any one of claims 1-5.
7. A trademark registration device, comprising a memory and a processor, the memory is used to store instructions, and the processor is used to execute the method according to any one of claims 1-5 when the instructions are executed.
8. A computer-readable storage medium, characterized in that, The computer program makes the computer execute the method according to any one of claims 1-5 when the computer program runs on the computer.