CN107609023A - A kind of registrable property determination methods of the work mark based on big data and device - Google Patents
A kind of registrable property determination methods of the work mark based on big data and device Download PDFInfo
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- CN107609023A CN107609023A CN201710667594.5A CN201710667594A CN107609023A CN 107609023 A CN107609023 A CN 107609023A CN 201710667594 A CN201710667594 A CN 201710667594A CN 107609023 A CN107609023 A CN 107609023A
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Abstract
The present invention relates to a kind of registrable property determination methods of work mark based on big data, applied to server, it includes：S101, receive the work mark information for the plan registration that user terminal is sent；S102, according to the work mark information of reception, it is determined that the classification group of the commodity or service where intending registration mark；S103, search for classify described in database first work mark and its relevant information present in group；S104, judge whether plan registration mark is identical or approximate with first work mark, and corresponding registration is provided according to judged result and suggested, and generate report output to user terminal.The present invention carries out retrieval analysis by using the algorithm of big data to the trade mark for intending registration, it is not easy to missing inspection, and also analysis result is more objective, is greatly improved the success rate of enterprises registration trade mark, and the cost of enterprise trademark registration is saved, there is higher reference value.
Description
Technical field
The present invention relates to Intellectual Property Right of Enterprises management system field, more particularly to a kind of work mark based on big data can
Registration property determination methods and device.
Background technology
Because the examination cycle of trade mark registration is longer, the uncertainty of examination result is higher, and enterprise expectations can improve trade mark
The accuracy rate to succeed in registration, to save the loss for not knowing to bring to enterprise of registration cost and result.However, trade mark is noted now
Retrieval before volume and judge based on artificial, so not only retrieve not comprehensive and subjective.
The content of the invention
In consideration of it, it is necessary to provide a kind of work mark based on big data registrable property determination methods.Its by using
The algorithm of big data carries out retrieval analysis to the trade mark for intending registration, it is not easy to missing inspection, and also analysis result is more objective, and can be significantly
The success rate of enterprises registration trade mark is improved, and saves the cost of enterprise trademark registration, there is higher reference value.
Another aspect of the present invention also provides a kind of work mark based on big data device that registrable property judges.
The purpose of the present invention is achieved through the following technical solutions：
A kind of work mark register method based on big data, applied to server, it includes：
S101, receive the work mark information for the plan registration that user terminal is sent；
S102, according to the work mark information of reception, it is determined that the classification of the commodity or service where intending registration mark
Group；
S103, search for classify described in database first work mark and its relevant information present in group；
S104, judge whether plan registration mark is identical or approximate with first work mark, and phase is provided according to judged result
Suggestion should be registered, and generates report output to user terminal.
Preferably, the work mark information is inputted by word, or passes through phonetic entry.
Preferably, the work mark information include commodity that work mark title, the trade mark use and service name and/
Or the trademark class that need to be registered, the merchandise classification include the numbering of major class, group or commodity or service.
Preferably, the commodity or the classification group of service according to《Similar clause and service differentiation table》And similar clause and
Classification of service rule is grouped again to same or like commodity.
Preferably, it is described to judge whether plan registration mark is identical or approximate with first work mark, specifically includes：
S1041, according to《Trademark examination and trial standard》In identical or similar mark judgment rule to various possible feelings
Condition is classified；
S1042, data, which judge, to be examined according to history to each classification；
S1043, certain weighted value is assigned by predetermined way to the judged result of each classification；
S1044, calculated value is calculated by pre-defined rule to each weighted value, the calculated value is more than preset value
When, then assert that identical or approximate work mark is not present in the work mark, provide the high suggestion of the possibility to succeed in registration；Institute
When stating calculated value and being less than preset value, then assert that the work mark has identical or approximate work mark, provide what is succeeded in registration
The low suggestion of possibility.
A kind of registrable property judgment means of the work mark based on big data, it includes：
Receiving module, the work mark information of the plan registration for receiving user terminal transmission；
Grouping module, for the work mark information according to reception, it is determined that intending the commodity or clothes where registration mark
The classification group of business；
Memory module, for data storage storehouse；
Search module, for searching for classify described in database first work mark present in group and its related letter
Breath；
Judge module, for judging whether plan registration mark is identical or approximate with first work mark, and tied according to judgement
Fruit provides corresponding registration and suggested, and generates report；
Output module, for by report output to user terminal.
Preferably, the work mark information is inputted by word, or passes through phonetic entry.
Preferably, the work mark information include commodity that work mark title, the trade mark use and service name and/
Or the trademark class that need to be registered, the merchandise classification include the numbering of major class, group or commodity or service.
Preferably, in the grouping module, the classification group of the commodity or service according to《Similar clause and service differentiation
Table》And similar clause and service classifying rules are grouped again to same or like commodity.
Preferably, the judge module includes：
Sort module, for basis《Trademark examination and trial standard》In identical or similar mark judgment rule to various
Possible situation is classified；
Judging submodule, each classification for being provided to the sort module examine that data are sentenced according to history
It is disconnected；
Assignment module, certain weighted value is assigned by predetermined way for the judged result to judging submodule；
Calculating and suggestion module, for calculated value, the calculating to be calculated by pre-defined rule to each weighted value
When value is more than preset value, then assert that identical or approximate work mark is not present in the work mark, provide the possibility to succeed in registration
The high suggestion of property；When the calculated value is less than preset value, then assert that the work mark has identical or approximate work mark, give
Go out the low suggestion of the possibility to succeed in registration.
The registrable property determination methods of the work mark based on big data of the present invention, have advantages below：
1) system automatic data collection compares, and saves a large amount of manpowers；
2) analyzed based on big data, as a result with more reference value；
3) it is easy to the monitoring of follow-up resembling trade mark.
Brief description of the drawings
Fig. 1 is the flow chart signal of the registrable property determination methods of the work mark based on big data of one embodiment of the invention
Figure；
Fig. 2 is that one embodiment of the invention judges to intend whether registration mark and first work mark identical or approximate flow
Schematic diagram；
Fig. 3 is the structural representation of the registrable property judgment means of the work mark based on big data of one embodiment of the invention
Figure；
Fig. 4 is the structural representation of the judge module of one embodiment of the invention.
Embodiment
In order to make the purpose , technical scheme and advantage of the present invention be clearer, below in conjunction with accompanying drawing and specific implementation
Example, is described in further detail to the present invention.It should be appreciated that specific embodiment described herein is only to explain the present invention,
It is not intended to limit the present invention.
User terminal involved in the present invention includes but is not limited to smart mobile phone, tablet personal computer, personal digital assistant, intelligence
Wearable device and laptop portable computer etc..
Fig. 1 is the flow chart signal of the registrable property determination methods of the work mark based on big data of one embodiment of the invention
Figure, as shown in figure 1, the registrable property determination methods of the work mark based on big data of the present invention, it is applied to server, bag
Include：
S101, receive the work mark information for the plan registration that user terminal is sent；
Work mark information can be inputted by word, can also pass through phonetic entry.The word trademark information include but
Being not limited to work mark title, the commodity that the trade mark uses and service name and/or the trademark class that need to be registered, the category includes
But it is not limited to the numbering of major class, group or commodity or service.The sorting technique for the trademark class that need to be registered according to《Similar business
Product and service differentiation table》Classified.
For example, the work mark that user need to register is entitled " millet ", used on " portable power source " commodity, then user can
With in user terminal input brand name " millet ", the commodity item that need to be registered " portable power source " or the merchandise classification the 9th registered
The numbering C090137 of class or corresponding group 0922 or commodity item (is limited in the case of having commodity and service-number)
After inputting the work mark information for intending registration in user Deng, user terminal, the work mark information for intending registration is sent to
Server, correspondingly, server receive the work mark information for intending registration.
S102, according to the work mark information of reception, it is determined that the classification of the commodity or service where intending registration mark
Group；
The commodity or the classification group of service according to《Similar clause and service differentiation table》And similar clause and service point
Rule-like is grouped again to same or like commodity.
For example, in the 9th class 0901 group " electronic publication (can be downloaded), Downloadable mobile phone ringtone, Downloadable sound
Music file, Downloadable influence file " and " disc, audiotape, video-tape, CD disks (phonotape and videotape), the box of 0908 group in the 9th class
Formula video-tape, CD (phonotape and videotape) " is similar, then allows them to carry out packet again and be placed into same classification group.
And by passing all versions《Similar clause and service differentiation table》In with it is existing《Similar clause and service differentiation table》
In commodity it is identical with service item or approximate project is also returned to same group.
For example, the video-game card in 0901 group is similar with the video game card in 0908 group before the 9th edition,
Then it is grouped into same group.The calculating circle chi of 0901 group is similar with the slide ruler of 0902 group before the tenth edition, is grouped into same
Group.
S103, search for classify described in database first work mark and its relevant information present in group；
The related registration information of all existing open trade marks is totally placed in database, it is other to each sorted group
Each commodity item scans for the relevant informations such as first work mark, applicant's information, statutory status.If a certain first word
The statutory status that trade mark is shown has failed, then is excluded, and only retains first work mark and its correlation effective and in examination
Information.
S104, judge whether plan registration mark is identical or approximate with first work mark, and phase is provided according to judged result
Suggestion should be registered, and generates report output to user terminal.
The criterion of identical or approximate work mark is according to trademark law, trademark law detailed rules for the implementation, trademark examination and trial
Standard is judged.If trademark office has pair《Similar clause and service differentiation table》、《Trademark law》、《Trademark law detailed rules for the implementation》、《Business
Mark examines and trial standard》Modify and change, then corresponding information and judgment rule are changed according to trademark office in time.
For example, the brand name of user's input be " millet ", for commodity item " portable power source ", server search to this
Intend registered letter trade mark existing first work mark in " portable power source " projectThen judge to provide plan
There is the first work mark of identical in registered letter trade mark, provide the unsuccessful suggestion of registration, and by the first work mark
Relevant information and registration suggestion form report output.
For another example user, which inputs, intends registered trade name " rose ", for commodity item " perfume ", found through retrieval
First trade mark " rose " in " perfume " commodity item be present, then, because " rose " is identical with the literal meaning of " rose ", refer to
To same thing, the very low suggestion of possibility of succeeding in registration is provided, and by the relevant information of the first work mark and registration
It is recommended that form report output.
In another example user, which inputs, intends registered trade name " blue moon ", for commodity item " hand cleanser ", it is somebody's turn to do " hand cleanser "
There is trade mark " moon " in the classification group at place, although having, two words are identical, people cognition in the moon be it is white, no
It is blue, two trade marks are not easy to obscure misidentification,.
In another example it is " Alibaba " that user, which inputs plan registered trade name, " promoted for service item for other people ",
Approximate first work mark is not searched in classification group where the service item " being promoted for other people ", then judges to intend registration
Approximate first work mark is not present in work mark, provides the very high suggestion of possibility of succeeding in registration, and by the first word
The relevant information of trade mark and registration suggestion form report output.
Specifically, as shown in Fig. 2 it is described judge to intend registration mark and first work mark it is whether identical or it is approximate including with
Lower step：
S1041, according to《Trademark examination and trial standard》In identical or similar mark judgment rule to various possible feelings
Condition is classified；
Specifically, it is font, pronunciation, implication etc. is identical or approximate judgment rule is classified.
S1042, data, which judge, to be examined according to history to each classification；
S1043, certain weighted value is assigned by predetermined way to the judged result of each classification；Specifically, to every
Kind classification judged result assigns certain percentage, and the percentage carries out assignment according to the possibility that succeeds in registration.Weighted value can be with
Liked according to the risk of applicant and adjusted.
S1044, calculated value is calculated by pre-defined rule to each weighted value, the calculated value is more than preset value
When, then assert that identical or approximate work mark is not present in the work mark, provide the high suggestion of the possibility to succeed in registration；Institute
When stating calculated value and being less than preset value, then assert that the work mark has identical or approximate work mark, provide what is succeeded in registration
The low suggestion of possibility.The weighted value can be calculated by the mode such as summation or averaging.
As shown in figure 3, another aspect of the present invention provides a kind of registrable property judgment means of the work mark based on big data,
It includes：
Receiving module, the work mark information of the plan registration for receiving user terminal transmission；The work mark information
Inputted by word, or pass through phonetic entry.The business that the work mark information includes work mark title, the trade mark uses
Product and service name and/or the trademark class that need to be registered, the merchandise classification include major class, group or commodity or service
Numbering.The sorting technique for the trademark class that need to be registered according to《Similar clause and service differentiation table》Classified.
For example, the work mark that user need to register is entitled " millet ", used on " portable power source " commodity, then user can
With in user terminal input brand name " millet ", the commodity item that need to be registered " portable power source " or the merchandise classification the 9th registered
The numbering C090137 of class or corresponding group 0922 or commodity item (is limited in the case of having commodity and service-number)
After inputting the work mark information for intending registration in user Deng, user terminal, the work mark information for intending registration is sent to
Server, correspondingly, server receive the work mark information for intending registration.
Grouping module, for the work mark information according to reception, it is determined that intending the commodity or clothes where registration mark
The classification group of business；The commodity or the classification group of service according to《Similar clause and service differentiation table》And similar clause kimonos
Business classifying rules is grouped again to same or like commodity.
For example, in the 9th class 0901 group " electronic publication (can be downloaded), Downloadable mobile phone ringtone, Downloadable sound
Music file, Downloadable influence file " and " disc, audiotape, video-tape, CD disks (phonotape and videotape), the box of 0908 group in the 9th class
Formula video-tape, CD (phonotape and videotape) " is similar, then allows them to carry out packet again and be placed into same classification group.
And by passing all versions《Similar clause and service differentiation table》In with it is existing《Similar clause and service differentiation table》
In commodity it is identical with service item or approximate project is also returned to same group.
For example, the video-game card in 0901 group is similar with the video game card in 0908 group before the 9th edition,
Then it is grouped into same group.The calculating circle chi of 0901 group is similar with the slide ruler of 0902 group before the tenth edition, is grouped into same
Group.
Memory module, for data storage storehouse；
Search module, for searching for classify described in database first work mark present in group and its related letter
Breath；
The related registration information of all existing open trade marks is totally placed in database, it is other to each sorted group
Each commodity item scans for the relevant informations such as first work mark, applicant's information, statutory status.If a certain first word
The statutory status that trade mark is shown has failed, then is excluded, and only retains first work mark and its correlation effective and in examination
Information.
Judge module, for judging whether plan registration mark is identical or approximate with first work mark, and tied according to judgement
Fruit provides corresponding registration and suggested, and generates report；
Specifically, include referring to Fig. 4, the judge module：
Sort module, for basis《Trademark examination and trial standard》In identical or similar mark judgment rule to various
Possible situation is classified；
Judging submodule, each classification for being provided to the sort module examine that data are sentenced according to history
It is disconnected；
Assignment module, certain weighted value is assigned by predetermined way for the judged result to judging submodule；
Calculating and suggestion module, for calculated value, the calculating to be calculated by pre-defined rule to each weighted value
When value is more than preset value, then assert that identical or approximate work mark is not present in the work mark, provide the possibility to succeed in registration
The high suggestion of property；When the calculated value is less than preset value, then assert that the work mark has identical or approximate work mark, give
Go out the low suggestion of the possibility to succeed in registration.
Output module, for by report output to user terminal.
The criterion of identical or approximate work mark is according to trademark law, trademark law detailed rules for the implementation, trademark examination and trial
Standard is judged.If trademark office has pair《Similar clause and service differentiation table》、《Trademark law》、《Trademark law detailed rules for the implementation》、《Business
Mark examines and trial standard》Modify and change, then corresponding information and judgment rule are changed according to trademark office in time.
For example, the brand name of user's input be " millet ", for commodity item " portable power source ", server search to this
Intend registered letter trade mark existing first work mark in " portable power source " projectThen judge to provide plan
There is the first work mark of identical in registered letter trade mark, provide the unsuccessful suggestion of registration, and by the first work mark
Relevant information and registration suggestion form report output.
For another example user, which inputs, intends registered trade name " rose ", for commodity item " perfume ", found through retrieval
First trade mark " rose " in " perfume " commodity item be present, then, because " rose " is identical with the literal meaning of " rose ", refer to
To same thing, the very low suggestion of possibility of succeeding in registration is provided, and by the relevant information of the first work mark and registration
It is recommended that form report output.
In another example user, which inputs, intends registered trade name " blue moon ", for commodity item " hand cleanser ", it is somebody's turn to do " hand cleanser "
There is trade mark " moon " in the classification group at place, although having, two words are identical, people cognition in the moon be it is white, no
It is blue, two trade marks are not easy to obscure misidentification,.
In another example it is " Alibaba " that user, which inputs plan registered trade name, " promoted for service item for other people ",
Approximate first work mark is not searched in classification group where the service item " being promoted for other people ", then judges to intend registration
Approximate first work mark is not present in work mark, provides the very high suggestion of possibility of succeeding in registration, and by the first word
The relevant information of trade mark and registration suggestion form report output.
The registrable property determination methods of the work mark based on big data of the present invention, by using the algorithm of big data to intending
The trade mark of registration carries out retrieval analysis, it is not easy to missing inspection, and also analysis result is more objective, is greatly improved enterprises registration trade mark
Success rate, and save enterprise trademark registration cost, there is higher reference value.
Described above is only some embodiments of the present invention, it is noted that for the ordinary skill people of the art
For member, under the premise without departing from the principles of the invention, some improvements and modifications can also be made, these improvements and modifications also should
It is considered as protection scope of the present invention.
Claims (10)
- A kind of 1. registrable property determination methods of the work mark based on big data, applied to server, it is characterised in that including：S101, receive the work mark information for the plan registration that user terminal is sent；S102, according to the work mark information of reception, it is determined that the classification group of the commodity or service where intending registration mark；S103, search for classify described in database first work mark and its relevant information present in group；S104, judge whether plan registration mark is identical or approximate with first work mark, and corresponding note is provided according to judged result Volume is suggested, and generates report output to user terminal.
- 2. the registrable property method of the work mark based on big data according to claim 1, it is characterised in that the word Trademark information is inputted by word, or passes through phonetic entry.
- 3. the registrable property method of the work mark based on big data according to claim 1, it is characterised in that the word Trademark information includes work mark title, the commodity that the trade mark uses and service name and/or the trademark class that need to be registered, described Merchandise classification includes the numbering of major class, group or commodity or service.
- 4. the registrable property method of the work mark based on big data according to claim 1, it is characterised in that the commodity Or service classification group according to《Similar clause and service differentiation table》And similar clause and service classifying rules are to identical or class It is grouped again like commodity.
- 5. the registrable property method of the work mark based on big data according to claim any one of 1-4, it is characterised in that It is described to judge whether plan registration mark is identical or approximate with first work mark, specifically includes：S1041, according to《Trademark examination and trial standard》In identical or similar mark judgment rule various possible situations are entered Row classification；S1042, data, which judge, to be examined according to history to each classification；S1043, certain weighted value is assigned by predetermined way to the judged result of each classification；S1044, calculated value is calculated by pre-defined rule to each weighted value, when the calculated value is more than preset value, then Assert that identical or approximate work mark is not present in the work mark, provide the high suggestion of the possibility to succeed in registration；The meter When calculation value is less than preset value, then assert that the work mark has identical or approximate work mark, provide the possibility to succeed in registration The low suggestion of property.
- A kind of 6. registrable property device of the work mark based on big data, it is characterised in that including：Receiving module, the work mark information of the plan registration for receiving user terminal transmission；Grouping module, for the work mark information according to reception, it is determined that commodity or service where intending registration mark Classification group；Memory module, for data storage storehouse；Search module, for searching for classify described in database first work mark and its relevant information present in group；Judge module, for judging whether plan registration mark is identical or approximate with first work mark, and given according to judged result Go out corresponding registration to suggest, and generate report；Output module, for by report output to user terminal.
- 7. the registrable property device of the work mark based on big data according to claim 6, it is characterised in that the word Trademark information is inputted by word, or passes through phonetic entry.
- 8. the registrable property device of the work mark based on big data according to claim 6, it is characterised in that the word Trademark information includes work mark title, the commodity that the trade mark uses and service name and/or the trademark class that need to be registered, described Merchandise classification includes the numbering of major class, group or commodity or service.
- 9. the registrable property device of the work mark based on big data according to claim 6, it is characterised in that the packet In module, the classification group of the commodity or service according to《Similar clause and service differentiation table》And similar clause and classification of service Rule is grouped again to same or like commodity.
- 10. the registrable property device of the work mark based on big data according to claim any one of 6-9, its feature exist In the judge module includes：Sort module, for basis《Trademark examination and trial standard》In identical or similar mark judgment rule to various possibility Situation is classified；Judging submodule, each classification for being provided to the sort module examine that data judge according to history；Assignment module, certain weighted value is assigned by predetermined way for the judged result to judging submodule；Calculating and suggestion module, for calculated value to be calculated by pre-defined rule to each weighted value, the calculated value is big When preset value, then assert that identical or approximate work mark is not present in the work mark, it is high to provide the possibility to succeed in registration Suggestion；When the calculated value is less than preset value, then assert that the work mark has identical or approximate work mark, provide note The volume successfully low suggestion of possibility.
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| CN108985584A (en) * | 2018-06-27 | 2018-12-11 | 广州朝舜网络科技有限公司 | A kind of trade mark intelligent analysis method, device, terminal and storage medium |
| CN108984753A (en) * | 2018-07-17 | 2018-12-11 | 北京知果科技有限公司 | A kind of trade mark monitoring method and device |
| CN109213881A (en) * | 2018-07-17 | 2019-01-15 | 北京知果科技有限公司 | A kind of similar mark querying method and device |
| CN109086424A (en) * | 2018-08-08 | 2018-12-25 | 北京知果科技有限公司 | A kind of similar mark querying method and device |
| CN109657929A (en) * | 2018-11-28 | 2019-04-19 | 苏州中知联信息科技有限公司 | Appraisal procedure, device and the computer equipment of trade mark registration percent of pass |
| CN109800340A (en) * | 2019-01-24 | 2019-05-24 | 北京梦知网科技有限公司 | Trade mark registration recommended method and system |
| CN109800340B (en) * | 2019-01-24 | 2021-03-19 | 北京梦知网科技有限公司 | Trademark registration recommendation method and system |
| CN109902196A (en) * | 2019-02-14 | 2019-06-18 | 厦门一品微客知识产权服务有限公司 | A kind of trademark class recommended method, device, computer equipment and storage medium |
| CN109902196B (en) * | 2019-02-14 | 2021-12-07 | 厦门一品微客信息科技有限公司 | Trademark category recommendation method and device, computer equipment and storage medium |
| CN110599373A (en) * | 2019-08-30 | 2019-12-20 | 北京金堤科技有限公司 | Trademark data generation method and device |
| CN110599373B (en) * | 2019-08-30 | 2022-12-23 | 北京金堤科技有限公司 | Trademark data generation method and device |
| CN112035754A (en) * | 2020-11-02 | 2020-12-04 | 北京梦知网科技有限公司 | Trademark retrieval method and device, electronic equipment and storage medium |
| CN112035754B (en) * | 2020-11-02 | 2021-03-19 | 北京梦知网科技有限公司 | Trademark retrieval method and device, electronic equipment and storage medium |
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