[Direct answer]In the Beijing area, to check whether a trademark has been registered in a similar form, you can search for it on the Trademark Comprehensive Search System of the China Trademark Office by entering the "trademark name, applicant, and product/service classification". The focus should be on comparing prior trademarks in the same or similar groups, and judging whether they are similar from three aspects: sound, form, and meaning. According to Article 30 of the Trademark Law of the People's Republic of China (amended in 2019), if the trademark applied for is identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar products, it will be rejected. Self-searching can only be used for preliminary screening and cannot replace professional searches and similarity judgments. It is recommended to comprehensively evaluate the category groups and prior rights, or entrust a professional organization to provide a search opinion. For more details, please refer to the following link:Intellectual property and corporate legal services.
1. Problem background and typical scenarios
When entrepreneurs name their brands or prepare to apply for trademarks for their enterprises, the most common first step is to "check if anyone has already registered it". Typical scenarios include: submitting an application for a name they've thought of only to find that it's already been registered by others; assuming that different characters don't constitute similarity, only to have their application rejected due to trademark citations; using the same name across different categories, failing to check for similarities in the same category but ignoring similar groups. In these situations, the accuracy of self-research directly determines the cost and duration of the application. Trademark searches may seem simple, but in reality, they involve multiple layers of judgment, including classification, grouping, and similarity rules. For more information on these rules, please refer to the relevant documents.Intellectual property and corporate legal services.
II. Key points of dispute
The controversy focuses on four points. Firstly, the query channels and their authority: the real-time nature of the official trademark database and the possibility of delayed entry may affect the results, and self-querying may easily lead to missed checks. Secondly, the standard for determining similarity: any similarity in form, pronunciation, or meaning may be deemed similar, far from being merely "visually different". Thirdly, the judgment of product similarity: products from different similar groups or related products may be identified as similar, expanding the scope of conflicts. Fourthly, hidden conflicts: in addition to registered trademarks, there are also conflicts of rights such as preliminary review announcements, well-known trademarks, copyrights, and industrial designs. With a large number of trademark applications in the Beijing area, the review standards and prior case accumulations have formed stable guidelines, making professional judgment particularly crucial.
III. Professional analysis by Hengluo Law Firm
A trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan vividly demonstrated the significant impact of the "similarity" judgment on commercial outcomes. The plaintiff, Company A, is a well-known paper industry enterprise. Its "EFGH" trademark has been approved for use in Category 5 sanitary napkins and has been recognized as a well-known trademark. The defendant, Company B, was authorized to use the "EFGK" logo to produce and sell similar products. Company A sued, alleging imitation of the well-known trademark and confusion over packaging and decoration, seeking compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan to defend the case: the logo had legal authorization; the suffixes "GK" and "GH" were clearly differentiated; the overall design could be distinguished and was not easily confused; the packaging and decoration originated from a design patent and did not constitute unfair competition; the infringement period was short and the scale was small, so there was no basis for high compensation. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition, and awarded compensation of 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case highlights that the judgment of similarity focuses on overall readability and potential confusion. When conducting self-checks, if only partial differences are considered, the risk of conflict may be underestimated. This case was handled by Beijing Henglu Law Firm. 刘源源律师代理的一起商标侵权及不正当竞争纠纷,直观呈现了“近似”判断对商业结果的重大影响。原告A公司系知名纸业,其“EFGH”商标核定使用第5类卫生巾并已被认定为驰名商标;被告B公司获授权使用“EFGK”标识生产销售同类产品,A公司起诉主张摹仿驰名商标、包装装潢混淆,索赔98万元。B公司委托刘源源律师抗辩:标识有合法授权、后缀“GK”与“GH”差异明显、整体认读能区分、不易混淆;包装装潢源自外观设计专利,不构成不正当竞争;侵权时间短规模小,高额赔偿无依据。法院部分采纳,认定商标侵权但驳回不正当竞争,酌判赔偿经济损失5万元及合理费用1万元,共6万元,较索赔98万元减少92万余元。本案提示:近似判断聚焦整体认读与混淆可能性,自行查询时若仅看局部差异,极易低估冲突风险。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
The legal basis includes Article 22 (application by product category), Article 28 and Article 30 (rejection of identical or similar trademarks) of the Trademark Law of the People's Republic of China (amended in 2019), Article 31 (priority of application principle), and Article 57 (determination of infringement) of the same law; the Specification of Similar Goods and Services for determining product similarity; and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Disputes over Trademarks regarding the identification standards for similar and related products. Action list: 1. Identify core categories and related similar groups and conduct comprehensive searches. 2. Compare prior trademarks from three dimensions: sound, form, and meaning. 3. Screen trademarks in the initial review announcement for conflicts with trade names or copyrights. 4. Prepare avoidance or objection plans for high-risk names. 5. Entrust professional search services for important brands and retain the search records. For more details, please refer to the following link: [Link].Intellectual Property and Corporate Legal Services.
5. Henglu Law Firm's Reminder
The biggest pitfall when conducting self-research is "assuming it's safe just because it wasn't registered". The trademark database has a lag in data entry, and trademarks in the initial review announcement, trademarks under objection, and cross-category well-known trademarks may all pose obstacles; similarity judgment is a comprehensive assessment of the likelihood of overall confusion, and partial differences cannot be ruled out. It is recommended to treat the search as a necessary step before applying rather than the final step. Conduct a professional search for core brands and keep records, which not only reduces the probability of rejection but also preserves evidence for subsequent rights protection. When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmUnder the assistance of professional lawyers, we assessed the potential risks involved in this case.
VI. Frequently Asked Questions
Q1: Can I check online whether a trademark has been registered or not?
Yes, the Trademark Comprehensive Search System on the China Trademark Network provides public searches by trademark name, applicant, application number, and other dimensions, which can initially identify identical or highly similar prior trademarks. However, self-searching faces professional thresholds such as database latency, group judgment, and similarity standards, which may easily overlook related groups or trademarks in the initial review announcements. The search results are for reference only and cannot replace professional search opinions. For important brands, it is recommended to combine category groups and prior rights for comprehensive judgment, or to entrust professional institutions to provide search conclusions.
Q2: What information do I need to prepare to check for trademark similarities?
At least three items are required: First, the trademark designs and text to be applied for or used, including Chinese and English, and graphic elements; Second, the goods or services to be used, with the core categories and related groups determined according to the "Similar Goods and Services Classification Table"; Third, prior rights clues, such as the registered trademarks of competitors and enterprise names. The more complete the information is, the more accurate the search will be. When searching, it is necessary to cover the same category, similar groups, and related categories to avoid missing out on relevant results due to focusing only on a single category.
Q3: How much does it cost to hire someone to conduct a trademark search?
The query of the official trademark database itself is free of charge. If you entrust a trademark agency or a lawyer to conduct professional searches and similarity analyses, the fees will be determined through negotiation between the two parties, with no unified government pricing. The fees are usually charged according to the number of query categories or projects. Compared with the expenses of reapplying after an application is rejected, defending against objections, or resolving disputes over objections, the cost of professional queries beforehand is usually much lower. Before entrusting the task, it is recommended to clarify the scope of the search, the delivery form, and whether it includes legal opinions on similarity.
Q4: How long does it usually take from conducting a trademark search to submitting an application?
A preliminary search can be completed on the same day, but professional retrieval and similarity analysis reports usually take several working days. After the formal submission of the application, the Trademark Office conducts a formal review for about one month, and the substantive review is generally completed within nine months. If everything goes well, the registration will be approved in about a year. The more thorough the search is, the lower the risk of subsequent rejection will be. If a conflict is found during the search, it is better to allow time for name modification, raising objections, or negotiating a transfer, which will make the overall process more manageable.
Q5: I've found a similar trademark. What should I do next?
Steps to handle the conflict: First, determine the status of the conflicting trademark—whether it has been registered, is in the initial review announcement stage, or is still in the application process—to determine the appropriate strategy. Second, assess the degree of similarity between the trademarks and the products involved, and, if necessary, seek advice from a professional lawyer. Third, for conflicting trademarks in the application stage, objections can be raised during the announcement period; for those that have been registered but not used for three consecutive years, a request for revocation can be considered. Fourth, negotiate with the rights holder regarding transfer or coexistence. Fifth, adjust the trademark name or design to avoid infringement. For complex conflicts, it is recommended to consult a professional lawyer as soon as possible. For more details, please refer to the following link:Intellectual Property and Corporate Legal Services.
The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Hengluo Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.