WO2019028612A1

WO2019028612A1 - Method and device for determining possibility of registration of word trademark based on big data

Info

Publication number: WO2019028612A1
Application number: PCT/CN2017/096278
Authority: WO
Inventors: 万忠凯
Original assignee: 深圳益强信息科技有限公司
Priority date: 2017-08-07
Filing date: 2017-08-07
Publication date: 2019-02-14

Abstract

A method for determining possibility of registration of a word trademark based on big data. The method is applied to a user terminal and comprises: receiving word trademark information to be registered inputted by a user (S101); sending the word trademark information to a server, so that the server determines, according to the word trademark information, a classification group of a commodity or a service to which a trademark to be registered belongs; searching for a previous word trademark and relevant information thereof existing in the classification group of a database; determining whether the trademark to be registered is identical or similar to the previous word trademark (S102); and receiving a registration suggestion report given by the server, the registration suggestion report being given based on an identity or similarity determining result of the trademarks (S103). A big data algorithm is adopted to perform retrieval analysis on the trademark to be registered, so that missed inspections are less liable to occur, the analysis result is relatively objective, the success rate of enterprise trademark registration can be greatly improved, the costs of enterprise trademark registration are saved, and the method has a relatively high reference value.

Description

Method and device for judging registrarability of word mark based on big data

Technical field

The invention relates to the field of enterprise intellectual property management systems, in particular to a method and device for judging the registrability of word trademarks based on big data.

Background technique

Due to the long review period of trademark registration and the high uncertainty of the review results, the company expects to improve the accuracy of trademark registration success, in order to save the registration cost and the uncertainty of the results to the enterprise. However, the search and judgment before the trademark registration is mainly artificial, so that the search is not comprehensive and subjective.

Summary of the invention

In view of this, it is necessary to provide a method for judging the registrability of word mark based on big data. Through the use of big data algorithm to search and analyze the trademarks to be registered, it is not easy to miss the inspection, and the analysis results are more objective, which can greatly improve the success rate of the registered trademarks of enterprises, and save the cost of trademark registration of enterprises, with high reference. value.

Another aspect of the present invention also provides a text-based trademark registrability judging device based on big data.

The object of the invention is achieved by the following technical solutions:

A method for judging the registrability of a word mark based on big data, which is applied to a user terminal, and includes:

S101. Receive text trademark information to be registered input by a user;

S102: Send the word mark information to a server, so that the server determines, according to the word mark information, a classification group of goods or services in which the trademark to be registered is located; and a prior text existing in the classification group in the search database Trademarks and related information; judge the trademark to be registered and the prior word vendor Whether the targets are the same or similar;

S103. Receive a registration suggestion report given by the server; the registration suggestion report is given according to the same or approximate judgment result of the trademark.

Preferably, the word mark information is input by using the user terminal, or by voice input.

Preferably, the word mark information includes a word mark name, a product and service name used by the mark, and/or a mark type to be registered, the item category including a major category, a small category, or a number of a commodity or service.

Preferably, the classified group of goods or services regroups the same or similar items through the Similar Goods and Services Classification Table and similar goods and services classification rules.

Preferably, the determining whether the trademark to be registered is the same as or similar to the previous word trademark comprises:

S1021, classifying various possible situations according to the same or similar trademark judgment rules in the "Trademark Review and Trial Standards";

S1022. Determine, according to historical review data, each of the classifications;

S1023, the determination result of each of the classifications is given a certain weighting value in a predetermined manner;

S1024: Calculate a calculated value for each of the weighting values according to a predetermined rule. When the calculated value is greater than a preset value, it is determined that the word mark does not have the same or similar word mark, and the possibility of successful registration is high. If the calculated value is less than the preset value, it is determined that the word mark has the same or similar word mark, and the suggestion that the registration is successful is low.

A word mark registrability judging device based on big data, comprising:

An input module, configured to receive text trademark information to be registered input by a user;

a sending module, configured to send the word mark information to a server, so that the server determines, according to the word mark information, a classified group of goods or services in which the trademark to be registered is located; and the search group exists in the classified group Prior word mark and related information; judge the trademark to be registered and Whether the first word trademarks are the same or similar;

a receiving module, configured to receive a registration suggestion report given by the server;

An output module, configured to output the registration suggestion report.

Preferably, the input module is a text input module and/or a voice input module.

Preferably, the registration proposal report includes related information such as a registrant of a prior word mark, a registration number, a registration date, a legal status, and the like, and a possibility of successful registration of the trademark.

The method for judging the registrability of a word mark based on big data of the present invention has the following advantages:

1) The system automatically collects the comparison, saving a lot of manpower;

2) Based on big data analysis, the results are more informative;

3) Facilitate the subsequent monitoring of similar trademarks.

DRAWINGS

1 is a flow chart showing a method for judging the registrability of a word mark based on big data according to an embodiment of the present invention;

2 is a schematic flow chart of determining whether a proposed registered trademark is identical or similar to a prior written trademark according to an embodiment of the present invention;

3 is a schematic structural diagram of a text-based trademark registrability determining apparatus based on big data according to an embodiment of the present invention;

Detailed ways

In order to make the objects, technical solutions and advantages of the present invention more clear, the following The invention is further described in detail. It is understood that the specific embodiments described herein are merely illustrative of the invention and are not intended to limit the invention.

User terminals to which the present invention relates include, but are not limited to, smartphones, tablets, personal digital assistants, smart wearable devices, laptop portable computers, and the like.

1 is a flow chart showing a method for judging the registrability of a character trademark based on big data according to an embodiment of the present invention. As shown in FIG. 1, the method for judging the registrability of a word mark based on big data of the present invention is applied to a user terminal. , which includes:

S101. Receive text trademark information to be registered input by a user;

Word mark information can be entered by text or by voice. The word mark information includes, but is not limited to, a word mark name, a product and service name used by the mark, and/or a type of mark to be registered, including but not limited to a major category, a subcategory, or a number of a good or service. The classification method of the trademark categories to be registered is classified according to the Similar Goods and Services Classification Table.

For example, the name of the word mark that the user needs to register is “Millet”. When used on the “Mobile Power” item, the user can enter the trademark name “Xia Mi” in the user terminal, the item to be registered “Mobile Power”, or the registered product. Category 9 or corresponding subclass 0922, or product item number C090137 (limited to goods and service numbers), etc., after the user inputs the textual trademark information to be registered, the user terminal registers the intended The word mark information is sent to the server, and accordingly, the server receives the text mark information to be registered.

S102: Send the word mark information to a server, so that the server determines, according to the word mark information, a classification group of goods or services in which the trademark to be registered is located; and a prior text existing in the classification group in the search database Trademarks and related information; determine whether the trademark to be registered is the same or similar to the previous word mark;

The classified group of goods or services regroups the same or similar items according to the Similar Goods and Services Classification Table and similar classification rules for goods and services.

For example, in the category 9 of the 0901 subcategory "Electronic Publications (downloadable), downloadable ringtones, Downloadable music files, downloadable impact files" are similar to the "records, cassettes, videotapes, CDs (audio), video cassettes, discs (audio)" of the 0908 subclass in category 9 Groups are placed in the same category group.

The same or similar items in the previous "Similar Goods and Services Classification Table" and the existing "similar goods and services" table are also grouped into the same group.

For example, a video game card in the 0901 subclass is similar to a video game card in the previous 0908 subclass of the ninth edition, and falls into the same group. The calculation scale of the 0901 subclass is similar to the calculation rule of the previous 0902 subclass of the tenth edition, and belongs to the same group.

Further, all the relevant registration information of the existing public trademarks are placed in the database, and each commodity item of each classification group is searched for related information such as the prior word mark, the applicant information, and the legal status. If the legal status of a prior word mark has expired, it will be excluded, leaving only the prior word mark and its related information in the valid and under review.

Further, the judgment standard of the same or similar word mark is judged according to the trademark law, the trademark law implementation rules, the trademark examination and the trial standard. If the Trademark Office has revised or changed the "Similar Goods and Services Classification Table", "Trademark Law", "Trademark Law Implementation Rules", "Trademark Review and Trial Standards", it shall promptly modify the corresponding information and judgment rules according to the Trademark Office. .

For example, the brand name entered by the user is

For the commodity item “mobile power”, the server searches for the proposed registered word mark. The existing word mark already exists on the “mobile power” item.

Then, it is determined that the same prior word mark exists in the intended registered word mark, and the recommendation that the registration is unsuccessful is given, and the related information and the registration suggestion of the prior word mark are formed into a report output.

For another example, the user inputs the name "Rose" to be registered for the commodity item "Perfume", and finds that there is a prior trademark "Rose" on the "Perfume" commodity item, because "Rose" and "Rose" "The literal meaning is the same, pointing to the same thing, giving the possibility of a low registration success. Discuss and report the relevant information and registration suggestions of the prior word mark.

For another example, the user inputs the name "blue moon" to be registered for the commodity item "hand sanitizer", and the classification group of the "hand sanitizer" has the trademark "moon", although two words are the same, but people recognize The moon in the moon is white, not blue, and the two trademarks are not easy to confuse and misunderstand.

For another example, the user inputs the name of the registered trademark as “Alibaba” for the service item “selling for others”, and in the classified group in which the service item “sells for others” does not search for the approximate prior word mark, It is determined that there is no similar prior word mark in the proposed registered trademark, and the proposal is very likely to be successful in registration, and the relevant information and registration proposal of the prior word mark are formed into a report output.

Further, as shown in FIG. 2, the determining whether the trademark to be registered is identical or similar to the previous word mark includes:

Specifically, the glyphs, the pronunciations, the meanings, and the like are classified in the same or similar manner to the judgment rules.

S1023, the determination result of each of the classifications is given a certain weighting value in a predetermined manner; specifically, each classification determination result is given a certain percentage, and the percentage is assigned according to the possibility of registration success. The weighted value can be adjusted according to the applicant's risk preferences.

S1024: Calculate a calculated value for each of the weighting values according to a predetermined rule. When the calculated value is greater than a preset value, it is determined that the word mark does not have the same or similar word mark, and the possibility of successful registration is high. If the calculated value is less than the preset value, it is determined that the word mark has the same or similar word mark, and the suggestion that the registration is successful is low. The weighting value can be calculated by summing or averaging, and the like.

Another aspect of the present invention provides a text-based trademark registrability judging device based on big data, as shown in FIG. 3, which includes:

The input module is a text input module and/or a voice input module. The word mark information includes, but is not limited to, a word mark name, a product and service name used by the mark, and/or a type of mark to be registered, including but not limited to a major category, a subcategory, or a number of a good or service. The classification method of the trademark categories to be registered is classified according to the Similar Goods and Services Classification Table.

a sending module, configured to send the word mark information to a server, so that the server determines, according to the word mark information, a classified group of goods or services in which the trademark to be registered is located; and the search group exists in the classified group The prior word mark and related information; determine whether the trademark to be registered is identical or similar to the previous word mark;

Further, the classified group of goods or services regroups the same or similar items according to the Similar Goods and Services Classification Table and similar commodity and service classification rules.

For example, in the 9th category, the "Electronic Publications (downloadable), downloadable phone ringtones, downloadable music files, downloadable impact files" in the 0901 subcategory, and the "0908 subcategory" in the 9th category, Tapes, tapes, CDs (audio), cassettes, discs (audio) are similar, so they are regrouped into the same category group.

For example, the brand name entered by the user is

For another example, the user inputs the name "Rose" to be registered for the commodity item "Perfume", and finds that there is a prior trademark "Rose" on the "Perfume" commodity item, because "Rose" and "Rose" "The literal meaning is the same, pointing to the same thing, giving a low probability of registration success, and outputting the relevant information and registration suggestions of the prior word mark.

For another example, the user enters the name of the proposed trademark as "Alibaba" for the service item "for him. "People's sales", in the classification category of the service item "selling for others" does not search for the approximate prior word mark, it is determined that the proposed registered word mark does not have an approximate prior word mark, and the possibility of registration success is very high. The proposal, and the relevant information of the prior word mark and the registration proposal are reported to be output.

An output module, configured to output the registration suggestion report.

Further, the registration proposal report includes related information such as the registrant, registration number, registration date, legal status of the prior word mark, and the possibility of success of the trademark registration.

The method for judging the registrability of the word mark based on big data of the invention, by using the big data algorithm to search and analyze the trademark to be registered, is not easy to miss the inspection, and the analysis result is more objective, which can greatly improve the success rate of the registered trademark of the enterprise. And save the cost of corporate trademark registration, with a high reference value.

The above is only a part of the embodiments of the present invention, and it should be noted that those skilled in the art can also make several improvements and retouchings without departing from the principles of the present invention. It should be considered as the scope of protection of the present invention.

Claims

A method for judging the registrability of a word mark based on big data, applied to a user terminal,

It is characterized by:

S101. Receive text trademark information to be registered input by a user;

S102: Send the word mark information to a server, so that the server determines, according to the word mark information, a classification group of goods or services in which the trademark to be registered is located; and a prior text existing in the classification group in the search database Trademarks and related information; determine whether the trademark to be registered is the same or similar to the previous word mark;

S103. Receive a registration suggestion report given by the server; the registration suggestion report is given according to the same or approximate judgment result of the trademark.
The method for judging the registrability of a word mark based on big data according to claim 1, wherein the word mark information is input by using the user terminal or input by voice.
The method for judging the registrability of a word mark based on big data according to claim 1, wherein the word mark information includes a name of a word mark, a name of a product and a service used by the mark, and/or a type of a mark to be registered, The item category includes a major category, a small category, or a number of a good or service.
The method for judging the registrability of a word mark based on big data according to claim 1, wherein the classification group of the goods or services is the same by the similar goods and services classification table and the similar classification rules of goods and services. Or re-grouping similar products.
The method for judging the registrability of a word mark based on big data according to any one of claims 1-4, wherein the determining whether the trademark to be registered is the same as or similar to the previous word mark comprises:

S1021, classifying various possible situations according to the same or similar trademark judgment rules in the "Trademark Review and Trial Standards";

S1022. Determine, according to historical review data, each of the classifications;

S1023, the determination result of each of the classifications is given a certain weighting value in a predetermined manner;

S1024: Calculate a calculated value for each of the weighting values according to a predetermined rule. When the calculated value is greater than a preset value, it is determined that the word mark does not have the same or similar word mark, and the possibility of successful registration is high. If the calculated value is less than the preset value, it is determined that the word mark has the same or similar word mark, and the suggestion that the registration is successful is low.
A word mark registrarity judging device based on big data, characterized in that:

An input module, configured to receive text trademark information to be registered input by a user;

a sending module, configured to send the word mark information to a server, so that the server determines, according to the word mark information, a classified group of goods or services in which the trademark to be registered is located; and the search group exists in the classified group The prior word mark and related information; determine whether the trademark to be registered is identical or similar to the previous word mark;

a receiving module, configured to receive a registration suggestion report given by the server;

An output module, configured to output the registration suggestion report.
The large data-based word mark registrability judging device according to claim 6, wherein the input module is a text input module and/or a voice input module.
The apparatus for determining the registrability of a word mark based on big data according to claim 6, wherein the word mark information includes a name of a word mark, a name of a product and a service used by the mark, and/or a type of a mark to be registered, The item category includes a major category, a small category, or a number of a good or service.
The apparatus for judging the registrability of a word mark based on big data according to claim 6, wherein the classification group of the goods or services is the same by the similar goods and services classification table and the similar classification rules of goods and services. Or re-grouping similar products.
The big data-based word mark registrability judging device according to any one of claims 6-9, wherein the registration proposal report includes a registrant of a prior word mark, registration Information such as number, registration date, legal status, etc., and the likelihood of successful registration of the trademark.