The trademark search is a risk control action before filing the mark. The result of the search should only be regarded as a reference for whether the trademark can be successfully registered or not, but not the legal basis. The trademark search that processed by CTPLO is based on the experiences of the trademark attorneys and the CHINA TRADEMARK EXAMINATION RULES.Start a Search at CTPLO Search by myself at CTMO
The Trademark Database
The trademark search is based on the public trademark database of CTMO(China trademark office), any search activities that processed in China are all based on that database.
The Search Types
The search types in China include: Chinese Character/ Chinese Pinyin/ English letters/Number/ Acronym/ Graphic
When your trademark is an English word mark and it has corresponding means in Chinese, it is needed to search the mark by Chinese Character.
CTPLO’s procedure for trademark search
Element Analysis: CTPLO will make an very careful analysis on the elements (device, English letters, Chinese Character) that forms your trademark, a separate search will be done if your mark is composed by multiple elements.
Meaning Analysis: CTPLO will check the meaning of your trademark, if your mark has a corresponding means in Chinese, it will be noted in the analysis, and an additional search for the Chinese will be made.
Similarity Analysis: CTPLO will offer the attorneys’ opinions on whether your trademark can be filed or not according to the earlier marks that searched and the CHINA TRADEMARK EXAMINATION RULES.
Advise on overcoming the prior rights: When similar or identical trademarks are found in the search, which may cause your filing to be failed, CTPLO will give you profession advises about how to overcoming those prior rights.
The Disadvantage of CTPLO’s trademark search
The blind period: Because of the huge number of applications submitted in China, there is updating delay in the CTMO’s filing system after you submitting your application, which cause a information blank. The blind period usually last 4~9 months according to different classes. Therefore, CTPLO can not find the similar or identical marks in the blind period.
The trademark preliminary examination: it is conducted by the trademark examiners, and the result is depending on their subjectivity judgments, so different examiners may draw different conclusions on one trademark. Therefore, the CTPLO’s search report can only be regarded as a reference, whether your trademark can be approved to be registered or not, is decided by the judgment that the examiners made.
The Advantage of CTPLO’s trademark search
Re-search after blind period: When you entrust CTPLO to make the trademark search and process the filing, we will make an additional “re-search” for you after the blind period(when your trademark info can be seen in the trademark database), to see if there is any similar or identical marks that applied before you in the blind period. It’s a very important information for you to reacting to the situation.
1. Applying without trademark search, the application may suffer the rejection due to identical or similar mark that registered or filed before.
2. The trademark should be distinguished in meaning, two trademark with same meaning can not be existed. If your trademark has a meaning in Chinese, the search for its Chinese meaning also needed.
3. The trademark that with the geographical names will usually be rejected by CTMO, since it would cause the consumer’s misunderstanding with the origin of the goods or services.
4. The China trademark search only refers to mainland China, Hong Kong, Macao and Taiwan are not included. To check if your trademark can be filed in Hong Kong, Macao and Taiwan, individual search in those three regions should be done.
5. The trademark search contains trademark attorney’s advise on whether the mark can be registered or not with the reference information gather from trademark database. The free trademark search doesn’t contains those kind of advise.