A trademark search is a report on the chances a trademark has of successfully registering. This is based on a search of previously filed or registered trademarks and an analysis of the trademark according to the jurisdiction’s criteria for approving trademark applications.
While the search is optional, it is a highly-recommended stage in the process, potentially preventing obstacles and disappointments down the road.
The Trademark online database can be used to search for all trademarks registered or currently in the application process in China. The database is available in Chinese & English language. Generally, Chinese is a language based on a pictographic – ideographic system whose pronunciation and spelling are not linked, resulting in great difficulty for people from other countries to search the Chinese Trademark. Besides, Chinese is the pictographic characters still in use in the world. But the English language is based on a phonetic system with a direct link between pronunciation and spelling, which means it is much less difficult to register the Trademark compared with Chinese. So, in translating brand name from English to Chinese, the translator is required to create brand names that can convey the message of the original appropriately but also be accepted as well as appreciated by Chinese consumers.
The Whalemarks Trademark Search Engine allows you to make a basic trademark search to show whether any identical or almost identical trademark has already been registered in China. This search is particularly useful to check for ‘bad-faith’ registrations in China. Before starting the trademark search, create the list of words that you think describe your product or service best. Therefore, consider words that are similar, phonetically and also include unconventional spelling in your search parameter. Also, conduct a simple Google search from the list of the prospective trademark as certain marks may not be registered but are still protected under the common law principle. Before you go through the hassle of trademark registration find out that your trademark, logo or design can be legally protected. A trademark can be considered ‘taken’ if the Application status is refused, Accepted and advertised, Published, send to Vienna Codification and registered. Although a trademark is ‘available’ if the application status shows that the prospective mark ‘Withdrawn’ and ‘abandoned’. If you are registering a mark that was previously abandoned, you are advised to check the reason for the abandonment of the application.
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