CN112035726A - Trademark registration method and device - Google Patents

Trademark registration method and device Download PDF

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CN112035726A
CN112035726A CN202011199677.4A CN202011199677A CN112035726A CN 112035726 A CN112035726 A CN 112035726A CN 202011199677 A CN202011199677 A CN 202011199677A CN 112035726 A CN112035726 A CN 112035726A
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trademark
prohibition
information
database
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CN112035726B (en
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晁阳飞
陈申毅
穆丙建
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Beijing Mengzhiwang Technology Co ltd
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Beijing Mengzhiwang Technology Co ltd
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Abstract

The application provides a method and a device for trademark registration, wherein the method comprises the following steps: acquiring registration prohibition information, wherein the registration prohibition information includes information of a trademark prohibited from being registered; updating the forbidden database according to the forbidden registration information; comparing registration information based on the inputted trademark with registration prohibition information in a prohibition database to determine whether the trademark can be registered, wherein acquiring the registration prohibition information includes: and acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data. Compared with the prior art, the technical scheme provided by the application replaces artificial subjective judgment through the database, and the effectiveness and the accuracy of trademark registration judgment are improved.

Description

Trademark registration method and device
Technical Field
The application relates to the technical field of trademark registration, in particular to a method and a device for trademark registration.
Background
In recent years, as the intellectual property brand protection consciousness of business subjects in China is gradually enhanced, the application amount of trademark registration is increased year by year. But in the presence of commercial interests, the behavior of speculatively seizing other brands and earning interests is achieved. In the prior art, screening of registered information of trademarks (such as trademark names) is generally subjective judgment, so that effectiveness and accuracy are low. And the existing trademarks and words which need to be protected (such as forbidden words) cannot be covered by adopting manual judgment.
Therefore, with the increase of the demand of the business entity for the registered trademark, how to perform the protective warning or the prohibition of the warning on the trademark or the vocabulary to be protected in the process of registering the trademark becomes a problem to be solved urgently.
Disclosure of Invention
In view of this, embodiments of the present application are directed to providing a method and an apparatus for trademark registration, so as to solve the problem in the prior art that the effectiveness and accuracy of protection for existing trademarks are low.
In a first aspect, an embodiment of the present application provides a method for trademark registration, where the method includes: acquiring registration prohibition information, wherein the registration prohibition information includes information of a trademark prohibited from being registered; updating the forbidden database according to the forbidden registration information; comparing registration information based on the inputted trademark with registration prohibition information in a prohibition database to determine whether the trademark can be registered, wherein acquiring the registration prohibition information includes: and acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data.
In an embodiment of the present application, the obtaining of the registration prohibition information includes obtaining the registration prohibition information according to the network hotspot data and/or the network hot search data.
In an embodiment of the present application, acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data includes: crawling a network hotspot vocabulary arrangement and/or a network hotspot event title; extracting at least one keyword from the network hotspot vocabulary arrangement and/or the network hotspot event title; and screening at least one keyword to obtain registration prohibition information.
In an embodiment of the present application, the obtaining the registration prohibition information further includes: determining registration prohibition information according to a known trademark or a famous trademark recognized by an official party; and/or determining registration prohibition information according to the brand trademark identified by the online shopping platform; and/or determining the registration prohibition information according to the brand trademark confirmed by the enterprise ranking list.
In one embodiment of the present application, the method further comprises: receiving registration information of a trademark input by a user through user equipment; and when the registration information of the trademark is contained in the prohibition database, sending an alarm result to the user equipment so that the user equipment presents the alarm result on a user interface for the user to refer to, wherein the alarm result is used for indicating whether the trademark can be applied or not.
In one embodiment of the present application, updating the barring database according to the barring registration information includes: dividing the registration prohibition information according to the property of the registration prohibition information to obtain a division result, wherein the warning result corresponds to the division result and comprises warning and prohibition; and inputting the registration prohibition information into a prohibition database according to the division result.
In one embodiment of the present application, the registration information of the trademark includes a trademark name, the prohibition database includes a registration prohibition word database, and the comparison with the prohibition registration information in the prohibition database is performed based on the input registration information of the trademark to determine whether the trademark can be registered, including: when the trademark name is contained in the registration forbidden word database, outputting a warning result; when the brand name is not included in the registration prohibition word database, the warning result is not output.
In one embodiment of the present application, when the brand name is included in the registration prohibition word database, outputting an alert result includes: judging whether the brand name has a vocabulary which is completely the same as the registration prohibition information in the registration prohibition word database; when the brand name has the vocabulary which is completely the same as the registration prohibition information in the registration prohibition word database, outputting a warning result; when the trademark name is not identical to the registration prohibition information in the registration prohibition word database, further judging whether the similarity between the trademark name and the registration prohibition information in the registration prohibition word database reaches a set threshold value; and outputting a warning result when the similarity between the trademark name and the registration prohibition information reaches a set threshold value.
In one embodiment of the present application, the registration information of the trademark includes trademark applicant information, the inhibition database further includes an applicant inhibition database, and the comparison with the inhibition registration information in the inhibition database based on the input registration information of the trademark to determine whether the trademark can be registered includes: when the trademark applicant information is contained in the applicant prohibition database, outputting a warning result; when the trademark applicant information is not contained in the applicant prohibition database, the warning result is not output.
In a second aspect, an embodiment of the present application provides an apparatus for trademark registration, including: the acquisition module is used for acquiring registration prohibition information, wherein the registration prohibition information comprises information of a trademark prohibited from being registered; the updating module is used for updating the prohibition database according to the prohibition registration information; a determining module, configured to compare registration information of the inputted trademark with registration prohibition information in a prohibition database to determine whether the trademark can be registered, wherein the acquiring of the registration prohibition information includes: and acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data.
In a third aspect, an embodiment of the present application provides an electronic device, including a processor; a memory for storing processor executable instructions, wherein the processor is for performing the method of brand registration of the first aspect described above.
According to the method and the device for trademark registration, provided by the embodiment of the application, the database is forbidden to replace manual subjective judgment, the effectiveness of trademark registration judgment is improved, and the influence on the accuracy of the judgment result due to the manual subjective judgment is avoided. In addition, the forbidden database is updated, so that the new vocabulary and the trademark with certain influence can be dynamically expanded in real time, and possible trademark infringement behaviors, undesirable target trademark registration behaviors and undesirable influence vocabulary trademark registration behaviors can be effectively warned and stopped.
Drawings
Fig. 1 is a schematic flow chart illustrating a trademark registration method according to an embodiment of the present application.
Fig. 2 is a flowchart illustrating a method for acquiring registration prohibition information according to an embodiment of the present application.
Fig. 3 is a schematic flow chart illustrating an automatic entry database of a trademark registration method according to an embodiment of the present application.
Fig. 4 is a schematic flow chart illustrating an automatic entry database of a trademark registration method according to another embodiment of the present application.
Fig. 5 is a flowchart illustrating a trademark registration method according to another embodiment of the present application.
Fig. 6 is a schematic flowchart illustrating a comparison and determination process of brand names in the brand registration method according to an embodiment of the present application.
Fig. 7 is a schematic flow chart illustrating a comparative process of the applicant of the trademark registration method according to an embodiment of the present application.
Fig. 8 is a schematic structural diagram of a trademark registration device according to an embodiment of the present application.
Fig. 9 is a block diagram illustrating an electronic device for a trademark registration method according to an embodiment of the present application.
Detailed Description
The technical solutions in the embodiments of the present application will be clearly and completely described below with reference to the drawings in the embodiments of the present application, and it is obvious that the described embodiments are only a part of the embodiments of the present application, and not all of the embodiments. All other embodiments, which can be derived by a person skilled in the art from the embodiments given herein without making any creative effort, shall fall within the protection scope of the present application.
The prior art forbids the application of trademarks only for certain clearly specified contents such as words and geographical marks with adverse effects provided by the official parties. But lack effective real-time protection and warning in brands and trademarks that have some impact on newly generated words or on the market. The method does not have a corresponding technical scheme for the bad applicant, and only depends on subjective judgment of professionals.
Fig. 1 is a schematic flow chart illustrating a trademark registration method according to an embodiment of the present application. The method of fig. 1 is performed by a computing device, e.g., a server. As shown in fig. 1, the method of trademark registration includes the following.
110: registration prohibition information is acquired.
In one embodiment, the registration prohibition information includes information that prohibits registration of a trademark.
Specifically, the registration prohibition information may be a word or sentence that cannot be applied for registration of a trademark in the process of applying for the trademark. The registration prohibition information may be a phrase or a sentence, and the registration prohibition information is not specifically limited in the embodiments of the present application.
The source of the registration prohibition information may be network hotspot data and/or network hot search data. The source of the registration prohibition information may also be a band or a famous brand recognized by the official, such as coca-cola. The source of the registration prohibition information can also be a brand trademark recognized by the online shopping platform. The source of the registration prohibition information may be a brand identified by a company ranking list, for example, a brand by a company owner that is 500 strong nationwide.
The acquisition may be performed automatically on the network by a computing device executing, for example, a crawler algorithm, or manually on the network.
120: and updating the prohibition database according to the prohibition registration information.
Specifically, the prohibited database may be updated periodically at a certain frequency. The update frequency may be updated at preset time intervals (for example, 24-point update every day), or may be updated in real time, or may be updated according to the aggregation of the hotspot information, and the embodiment of the present application does not specifically limit the manner of updating the entered vocabulary.
The method for prohibiting entry of the registration information into the prohibition database may be automatic entry, manual entry, or manual screening entry after automatically capturing the prohibition registration information, which is not specifically limited in this embodiment of the present application.
For convenience of description, the following description will be made in detail by taking an example of extracting keywords from network hot-search data.
In an example, the barring database may be automatically updated according to the automatically extracted barring registration information.
For example, the computing device may crawl hot-search keywords over the network hot-search data via a crawler algorithm at predetermined time intervals and upload directly to the prohibited database. The computing device may also extract keywords belonging to the sensitivity from the network hot-search data at predetermined time intervals by artificial intelligence (for example, training a corresponding model by applying a neural network), and upload the keywords to the forbidden database.
In one example, the prohibited registration information may be extracted to update the prohibited database based on a combination of automatic operation and manual operation.
For example, a plurality of keywords of the hot search are crawled on the network hot search data through a crawler algorithm; then, sensitive words in the plurality of keywords are manually screened, and the plurality of keywords belonging to the sensitive words are placed in a forbidden database to realize real-time updating. Or crawling a plurality of keywords of the hot search on the network hot search data through a crawler algorithm; then, a sensitive vocabulary in the plurality of keywords is manually screened, the plurality of keywords belonging to the sensitive vocabulary are placed in a forbidden data pool, and an entry forbidden database is updated at preset time intervals.
The forbidden database may be a registered forbidden word database, that is, it is determined that the phrase, word or sentence in the trademark name is a registered trademark (for details, see the description of the following embodiments, which are not described herein again). The prohibition database may be a prohibition database for the applicant, that is, a judgment is made as to whether or not the trademark applicant itself can register the trademark, and for example, when the applicant is a bad applicant, the trademark registration is prohibited (for details, see the description of the following embodiments, which will not be described herein).
130: registration information based on the inputted trademark is compared with registration prohibition information in a prohibition database to determine whether the trademark can be registered.
Specifically, the registration information of the trademark may be information related to the trademark that the user wants to register, such as a trademark name. The registration information of the trademark may also be personal information of the applicant, such as the name and identification number of the applicant. The registration information of the trademark may be the trademark application amount of the applicant. Meanwhile, the registration information of the trademark may be text information, picture information, or text and picture information, which is not specifically limited in this embodiment of the present application.
Hereinafter, for convenience of describing the above-described comparison process, the registration information of the trademark is defined as applicant information, and the prohibition database is defined as applicant prohibition database.
In one example, the registration information (i.e., applicant information, such as applicant name) of the trademark is compared to an applicant inhibition database to determine whether the applicant can perform trademark registration. When the applicant information (for example, the applicant name) is included in the applicant prohibition database, that is, the applicant is a bad applicant, the applicant cannot perform the trademark registration.
Therefore, the database which is continuously updated replaces artificial subjective judgment, the effectiveness of trademark registration judgment is improved, and the influence on the accuracy of the judgment result due to the artificial subjective judgment is avoided. In addition, by continuously updating the database, the new vocabulary and the trademark with certain influence can be dynamically expanded in real time, and the possible trademark infringement behaviors, the undesirable target trademark registration behaviors and the undesirable influence vocabulary trademark registration behaviors can be effectively warned and stopped.
According to an embodiment of the application, the registration prohibition information is acquired, and the registration prohibition information is acquired according to network hotspot data and/or network hot search data.
Specifically, the registration prohibition information may be obtained by extracting keywords from the network hotspot data and/or the network hot search data. Wherein the keywords can be understood as sensitive words, such as illegal words.
Therefore, the method and the device have the advantages that the new hot words and the titles of the hot events on the network are captured, the sources of the registration prohibition information are enriched, and the accuracy of judging the registered trademark is improved.
Fig. 2 is a flowchart illustrating a method for acquiring registration prohibition information according to an embodiment of the present application. The method of fig. 2 is performed by a computing device, e.g., a server. As shown in fig. 2, the method of acquiring the registration prohibition information includes the following.
210: crawling network hotspot vocabulary ranks and/or network hotspot event titles.
Specifically, the crawling process may be automatic crawling, manual screening, or automatic crawling and manual screening, which is not specifically limited in this embodiment of the application.
The frequency of crawling information (e.g., network hotspot vocabulary ranking and/or network hotspot event titles) may be a preset time interval (e.g., crawling at 24 points per day), may be real-time, or may be based on the aggregation of information (e.g., network hotspot vocabulary ranking and/or network hotspot event titles) to trigger crawling, for example, when the search ranking of an event exceeds a preset threshold.
220: at least one keyword is extracted from the network hotspot vocabulary and/or the network hotspot event title.
In particular, the keywords may be sensitive words in the network hotspot event header, such as illegal words. One of the network hotspot event titles may be corresponding to one keyword, or may be corresponding to a plurality of keywords. The extraction method of the keywords may be to split the title of the network hotspot event and then extract a plurality of keywords therein.
The keywords can also be directly network hotspot vocabularies. The keyword may be extracted automatically according to the ranking of the network hotspot vocabularies, for example, the vocabularies 20 before the ranking are extracted as the keywords.
It should be appreciated that the process of extracting keywords based on network hotspot vocabulary and/or network hotspot event titles may be performed in parallel.
230: and screening the plurality of keywords to obtain registration prohibition information.
Specifically, the extracted keywords are screened, and the screened keywords belonging to the sensitive part of speech are used as registration prohibition information and are input into a prohibition database.
The screening may be automatic screening by a model trained by a neural network. The screening mode can be manually determined or screened, and the screening mode is not specifically limited in the embodiment of the application.
In one example, referring to FIG. 3, first, a network hotspot vocabulary and/or a network hotspot event title is automatically captured on a network. Then, a plurality of keywords are extracted according to the captured network hotspot vocabulary and/or the network hotspot event titles. And secondly, screening the extracted keywords, and taking the screened sensitive words as registration prohibition information. And finally, inputting the registration prohibition information into the prohibition database, and completing one-time updating and inputting of the prohibition database, so that when the trademark applied by the user registration contains the registration prohibition information in the prohibition database, necessary warning is given, for example, warning is given on a user interface, or an alarm is sent to a server of the trademark registration platform to remind a worker of the trademark registration platform to process.
Therefore, the embodiment of the application widens the source of the registration prohibition information by utilizing the network open data (such as the network hotspot vocabulary and/or the network hotspot event title) to crawl and filter the keywords as the registration prohibition information.
According to an embodiment of the present application, acquiring registration prohibition information includes: determining registration prohibition information according to a known trademark or a famous trademark recognized by an official party; and/or determining registration prohibition information according to the brand trademark identified by the online shopping platform; and/or determining the registration prohibition information according to the brand trademark confirmed by the enterprise ranking list.
Specifically, the prohibition registration information may contain official-recognized registered trademarks or famous trademarks such as coca-cola and disney. The registration prohibition information may also include a brand trademark recognized by the online shopping platform, for example, a store with a registered trademark in the online shopping platform. The registration prohibition information may also include brand trademarks identified by a leaderboard of the enterprise, such as a top 500 national brand of the enterprise.
In an embodiment, the obtaining the registration prohibition information further includes: the registration inhibition information is determined based on a bad applicant identified by the trademark office and/or a legislative malicious trademark infringer.
Specifically, the registration inhibition information may include official announcements (e.g., bad applicants identified by the trademark office) or legal open data (e.g., a legal malicious trademark infringer) identifying bad applicants. Among them, the bad applicant may be a person who is suspected of gathering trademarks, i.e., a person who applies for a large number of trademarks (e.g., more than 200) but does not use them.
It should be understood that the above-mentioned manner of acquiring the registration prohibition information may be acquiring separately or acquiring simultaneously. And when simultaneously acquiring, the above-mentioned acquisition mode is a parallel acquisition process, for example, see fig. 4. And finally, the acquired registration prohibition information is jointly recorded into a prohibition database.
As can be seen from this, the present embodiment broadens the sources of the registration prohibition information by setting the official brand or official bad applicant as the registration prohibition information.
Fig. 5 is a flowchart illustrating a trademark registration method according to another embodiment of the present application. FIG. 5 is an example of the embodiment shown in FIG. 1, and the same parts are not repeated herein, and the differences are mainly described herein. The trademark registration method includes the following.
510: registration information of a trademark input by a user is received through a user device.
Specifically, the user equipment may be a mobile phone, a tablet, or a computer, and the embodiment of the present application does not specifically limit the user equipment.
The description of the registered trademark information is basically the same as that of the embodiment in fig. 1, and please refer to the description of the embodiment in fig. 1 for details, which will not be repeated herein.
520: and when the registration information of the trademark is contained in the prohibition database, sending an alarm result to the user equipment so that the user equipment presents the alarm result on a user interface for the user to refer to.
Specifically, when determining whether the registration information of the trademark includes the registration prohibition information (the prohibition database includes a plurality of pieces of prohibition registration information, and here, the registration information of the trademark is compared with the prohibition registration information, which is understood to be that the registration information of the trademark is compared with the prohibition database), for example, the following determination process may be included: comparing the trademark name with the registration prohibition information, and outputting a warning result when the trademark information comprises the registration prohibition information; the trademark applicant may be compared with the registration prohibition information, and when the trademark applicant is included in the registration prohibition information, the warning result is output. In addition, the two comparison steps can be performed in parallel or sequentially.
In one embodiment, a barring database within the computing device is updated based on the barring registration information. For details, please refer to the description of the above embodiments, which is not repeated herein.
In one embodiment, the alert result is used to indicate whether a trademark can be applied.
Specifically, the warning result may be "prohibition", that is, prohibition of trademark registration by the input trademark. The warning result may also be "warning", i.e. warning the user that there is a registration risk for the entered trademark, such as "warning: the input trademark contains sensitive words, and the registration success rate is low (lower than 15 percent).
The form of presenting the alert result may be displayed by a pop-up window. The alert result may also be presented in the form of a scroll bar anywhere on the interface. The warning result can also be that icons with different colors are presented on the interface, for example, the icon is prohibited to be red, and the warning is yellow. The warning result can also be that different colors are flashed on the screen to warn the applicant (i.e. the user), for example, the flashing red is prohibited, the warning is flashing yellow, and the prompting form can be set according to the actual situation.
The operation process between specific devices can be understood as follows: firstly, the user equipment is used for receiving registration information of a trademark input by a user; then, the received trademark registration information is sent to a server (or sent to a processing module in the user equipment), and comparison judgment is carried out on the trademark registration information and the prohibited registration information, namely whether the trademark registration information contains the prohibited registration information or not (or whether the trademark registration information is contained in a prohibited database or not can be understood when the trademark registration information is the applicant information); and finally, when the registration information of the trademark contains the registration prohibition information, the server sends an alarm result to the user equipment (or a processing module of the user equipment sends the alarm result to a display module of the user equipment) for warning the user registration risk. At the same time, the user equipment displays the warning result on the user interface.
Therefore, the database which is continuously updated replaces artificial subjective judgment, the effectiveness of trademark registration judgment is improved, and the influence on the accuracy of the judgment result due to the artificial subjective judgment is avoided.
According to an embodiment of the present application, updating the barring database according to the barring registration information includes: dividing the registration prohibition information according to the property of the registration prohibition information to obtain a division result, wherein the warning result corresponds to the division result and comprises warning and prohibition; and inputting the registration prohibition information into a prohibition database according to the division result.
Specifically, before the registration prohibition information is updated and entered into the prohibition database, the registration prohibition information needs to be divided according to the nature of the registration prohibition information itself, so as to obtain a division result. Each piece of registration prohibition information corresponds to a label of "warning" or "prohibition", so that when the registration information of the trademark includes the registration prohibition information, whether the result of warning or prohibition is clear is to be warned or prohibited. For example, when the registration prohibition information itself is a prohibition vocabulary, the registration prohibition information is divided into prohibition vocabularies; when the registration prohibition information itself is a warning vocabulary (e.g., a current affair hotspot place name), the registration prohibition information is divided into warning vocabularies.
The division according to the property of the registration prohibition information may be automatic division according to a model trained by a neural network, or manual division. The embodiment of the present application is not particularly limited to this.
The warning result corresponds to the nature of the registration prohibition information (e.g., prohibition vocabulary) entered by the division. For example, when the registration prohibition information captured and entered by the above embodiment is a prohibited vocabulary, if the applied trademark includes the vocabulary, the warning result is prohibited; or when the registration prohibition information captured and entered by the above embodiment is a warning vocabulary, if the applied trademark includes the vocabulary, the warning result is a warning.
When the warning result is forbidden, the applicant is prompted that the trademark (such as the trademark name) cannot be registered. When the warning result is warning, the applicant is warned of the risk of registration of the trademark (e.g., trademark name). The form of the warning may be only a warning, or may be a warning and indicate a problem in the trademark of the present application, for example, "the registration prohibition information includes part of the prohibition registration information (the prohibition registration information is AAA), and the ratio of the prohibition registration information exceeds 80%". The specific warning form of the warning result may be set according to actual conditions, which is not specifically limited in the embodiment of the present application.
In one embodiment, the registration inhibition information is warned or partitioned according to the nature of the registration inhibition information; and prohibiting the registration information from carrying out trademark classification, and/or prohibiting the registration information from carrying out similarity classification.
In particular, it can be understood that the registration inhibition information needs to be divided into two parts before entering the inhibition database.
The first part is to divide the warning or prohibition according to the nature of the registration prohibition information itself, and the details of this part are described in the above description and will not be described herein again.
In the second section, the registration prohibition information may be classified into trademark categories. The brand categories are divided into 45 categories, wherein the goods 34 category and the service item 11 category. For example, the registration inhibition information is classified into a class 08 tool device.
The registration prohibition information may be divided into whether or not the similarity is necessary (i.e., fuzzy discrimination). The similarity may be divided by including a part of forbidden vocabulary in the trade name of the registered application, or may be combined into forbidden vocabulary by using non-forbidden vocabulary, or may be interspersed with non-forbidden vocabulary among forbidden vocabulary. The number of the interspersed non-forbidden words may be one or two, and the embodiment of the present application is not particularly limited to the specific form of fuzzy determination. When the similarity between the trademark name and the registration prohibition information reaches a set threshold (for example, 80%), outputting a warning result for warning the applicant. For example, if the forbidden word is AAAA and the registered trademark name is AABAA, the similarity is greater than or equal to 80%, an alarm result is sent to alarm the applicant.
It should be appreciated that the update of the barring database with barring registration information can be divided into two steps: in the first step, the setting is selected. The division of warning or prohibition according to the nature of the registration prohibition information itself, i.e., the division of updated registration prohibition information that requires warning or prohibition (also corresponds to a label giving a warning or prohibition to each registration prohibition information). Second, the step is set to an optional setting. Optional settings include: and carrying out trademark classification on the registration prohibition information, and classifying whether the registration prohibition information needs to be subjected to similarity.
Two divisions in the selectable setting are mutually independent, namely the division of trademark categories can be selected, and the division of similarity is not selected; or the division of similarity can be selected, and the division of trademark categories is not selected; or selecting both the partitions; or the two are not selected to be divided at the same time, and the division of the registration prohibition information is not particularly limited in the embodiment of the present application.
It should also be understood that when the second-step setting is not selected, the registration prohibition information is directly entered into the prohibition database after the first-step mandatory setting is completed, and the content in the advanced setting is not determined during subsequent detection and judgment, for example, when the registration prohibition information is entered, similarity division is not selected, and the similarity division is not performed on the registration prohibition information during the determination process, that is, when the similarity division is not selected by the prohibition word "AAA", the trademark with the trademark name "bbababb" is not alerted.
Therefore, the method and the device have the advantages that the registration prohibition information is subjected to multi-step division and entry, the property of the registration prohibition information directly corresponds to the warning result, and the warning result is more visual.
According to an embodiment of the present application, the registration information of the trademark includes a trademark name, the prohibition database includes a registration prohibition word database, and the comparison with the prohibition registration information in the prohibition database is performed based on the input registration information of the trademark to determine whether the trademark can be registered, including: when the trademark name is contained in the registration forbidden word database, outputting a warning result; and when the brand name is not contained in the registration prohibition word database, not outputting the warning result.
Specifically, the brand name is mainly compared with the registration prohibition information in the registration prohibition word database (i.e., the registration prohibition vocabulary included in the registration prohibition word database). The comparison and judgment mode can be automatic comparison or manual comparison.
The comparison and judgment mode can be that the trademark name is firstly split into a plurality of phrases, and then the split phrases are compared with the registration prohibition information in the registration prohibition word database one by one. The comparison may be performed by comparing the prohibited word in the brand name with the brand name directly according to the brand name of the brand name to see whether the brand name contains the prohibited word in its entirety or in part. The comparison and judgment mode can also be that the key words in the brand name are extracted and the key words are compared with the registration prohibition information in the registration prohibition word database. The manner of the comparison determination in the embodiments of the present application is not particularly limited.
For the description of the warning result, please refer to the above description of the embodiments for details, which are not repeated herein.
Therefore, the database replaces manual subjective judgment, and timeliness and accuracy of trademark name judgment are improved.
Fig. 6 is a schematic flowchart illustrating a comparison and determination process of brand names in the brand registration method according to an embodiment of the present application. Fig. 6 is an example of the embodiment comparing the brand name with the database of the registration prohibited words, and the same parts are not repeated, and the differences are emphasized here. The method comprises the following steps.
610: and inputting a brand name.
Specifically, the trademark name is part of the content of the registration information of the trademark input by the applicant.
Only the trademark name is used as an example, and it should be understood that the registered information of the trademark should not only include the trademark name but also include the applicant information.
620: and comparing the recorded trademark name with the registration prohibition information in the registration prohibition word database.
630: it is determined whether the brand name contains registration prohibition information at all.
Specifically, the complete inclusion may be such that there is a word in the brand name that completely coincides with the registration prohibition information (e.g., registration prohibition words) in the registration prohibition word database. That is, the registration prohibition information is contained in the brand name in a unified form (i.e., is contained under the same name). For example, the prohibited word is "AAA", and is fully inclusive when the brand name is "BBBAAABB".
If the determination result is complete inclusion, go to step 640; if not, go to step 680.
640: and outputting an alarm result according to the property of the registration prohibition information.
Specifically, if the result is complete, the step 640 is executed, and the warning result can be warning or prohibition to warn the applicant.
For details of the alert result and the registration prohibition information (i.e., the registration prohibition information in the registration prohibition word database in the above embodiment), please refer to the description of the above embodiment, which is not described herein again.
650: it is determined whether or not the registration prohibition information is subjected to trademark classification at the time of entry.
Specifically, it may be understood that the method determines whether the registration prohibition information is classified into trademark categories when the registration prohibition information is entered, and if so, performs step 660; otherwise, go to step 670.
660: the pop-up popup contains a division of the brand category.
Specifically, the pop-up popup window may display content with an alert result, such as a warning or a prohibition. The pop-up window may also be displayed with brand categories such as category 05-medicine, category 07-machine, and category 10-medical device. The pop-up window may also display modification suggestions for applicant's reference. Icons corresponding to warnings or banners can also be displayed on the popup window, for example, the warning is a yellow icon, and the banner is a red icon. The content presented by the pop-up window is not particularly limited in the embodiment of the present application.
In an example, a popup window of the embodiment of the present application displays a warning result (e.g., warning or prohibition), an icon corresponding to the warning result, for example, an error icon (e.g., an "x" type icon) presenting red or yellow, and a trademark category.
670: the pop-up popup does not contain a division of the brand category.
Specifically, the content presented on the pop-up window does not include the trademark category in step 660, and the remaining presented content is substantially the same as the pop-up window content in step 660, for details, refer to the description of step 660, and are not described herein again.
680: and judging whether the similarity with the registration prohibition information reaches a set threshold value.
Specifically, when the determination result of step 630 is that the partial inclusion is not complete, step 680 is executed.
When the similarity reaches the set threshold, step 650 and 670 are executed; otherwise, go to step 690.
690: and (4) passing safely.
Specifically, the user may directly submit the registered trademark of the application by indicating the security through the user interface or without any prompt.
Therefore, the database replaces manual subjective judgment, the accuracy of the judgment result is prevented from being influenced by the manual subjective judgment, and the objectivity of the warning result is ensured.
Fig. 7 is a schematic flow chart illustrating a comparative process of the applicant of the trademark registration method according to an embodiment of the present application. FIG. 7 is an example of the embodiment of FIG. 5, and the same parts are not repeated herein, and the differences are mainly described here. As shown in fig. 7, the applicant's comparative flow includes the following.
710: and inputting applicant information.
Specifically, the applicant information may include personal information of the applicant, such as the name and identification number of the applicant. The applicant information may also include the number of trademark applications available to the applicant, which is not specifically limited by the embodiments of the present application.
720: it is determined whether applicant information is contained in the applicant inhibition library.
Specifically, it is determined whether the applicant information is the same as the registration prohibition information in the applicant prohibition repository (the registration prohibition information at this time is a bad applicant). If the applicant information is the same, the applicant information is proved to be contained in the applicant prohibition library, and then the step 730 is executed; if not, go to step 740.
The applicant forbidding library can comprise names of bad applicants and certificate numbers capable of proving identities of the applicants, and the behavior of misjudgment caused by the renaming of the applicants is prevented. The bad applicant may be a person suspected of accumulating trademarks (i.e. the number of applicant's existing trademark applications is greater than a predetermined threshold but not used, e.g. greater than 200).
730: and outputting an alarm result.
Specifically, the warning result may be warning information about prohibition of application by the applicant, for example, "you have been listed as a bad applicant, and a trademark cannot be registered".
740: and (4) passing safely.
Specifically, the user may directly submit the registered trademark of the application by indicating the user interface or without any prompt.
Therefore, the embodiment of the present application compares the applicant information with the applicant prohibition library, and combines the judgment of the trademark information with the judgment of the applicant information, thereby perfecting the trademark registration system.
Fig. 8 is a schematic structural diagram of a trademark registration device according to an embodiment of the present application. As shown in fig. 8, the trademark registration apparatus 800 includes: an acquisition module 810, an update module 820, and a determination module 830.
An obtaining module 810, configured to obtain registration prohibition information, where the registration prohibition information includes information of a trademark prohibited from being registered; an updating module 820 for updating the prohibited database according to the prohibited registration information; a determination module 830 for comparing the registration information based on the inputted trademark with the registration prohibition information in the prohibition database to determine whether the trademark can be registered.
According to the embodiment of the application, the database which is continuously updated replaces manual subjective judgment, the effectiveness of trademark registration judgment is improved, and the influence on the accuracy of the judgment result due to the manual subjective judgment is avoided. In addition, the recorded database is continuously updated, so that the new vocabulary and the trademark with certain influence can be dynamically expanded in real time, and effective warning and stopping can be performed on possible trademark infringement behaviors, undesirable target trademark registration behaviors and undesirable influence vocabulary trademark registration behaviors.
According to an embodiment of the present application, the obtaining module 810 is configured to obtain the registration prohibition information according to the network hotspot data and/or the network hot search data.
According to an embodiment of the present application, the obtaining module 810 is further configured to crawl a network hotspot vocabulary ranking and/or a network hotspot event title; extracting a plurality of keywords from the network hotspot vocabulary arrangement and/or the network hotspot event title; and screening the plurality of keywords to obtain registration prohibition information.
According to an embodiment of the present application, the obtaining module 810 is configured to determine the registration prohibition information according to a known official trademark or a known official trademark; and/or determining registration prohibition information according to the brand trademark identified by the online shopping platform; and/or determining the registration prohibition information according to the brand trademark confirmed by the enterprise ranking list.
According to an embodiment of the present application, the method further comprises: receiving registration information of a trademark input by a user through user equipment; and when the registration information of the trademark is contained in the prohibition database, sending an alarm result to the user equipment so that the user equipment presents the alarm result on a user interface for the user to refer to, wherein the alarm result is used for indicating whether the trademark can be applied or not.
According to an embodiment of the present application, updating the barring database according to the barring registration information includes: dividing the registration prohibition information according to the property of the registration prohibition information to obtain a division result, wherein the warning result corresponds to the division result and comprises warning and prohibition; and inputting the registration prohibition information into a prohibition database according to the division result.
According to an embodiment of the present application, the registration information of the trademark includes a trademark name, the prohibited database includes a registration prohibited word database, and the determining module 830 is configured to output an alert result when the trademark name is included in the registration prohibited word database; when the brand name is not included in the registration prohibition word database, the warning result is not output.
According to an embodiment of the application, when the brand name is contained in the registration prohibition word database, outputting an alarm result, and judging whether the brand name has a vocabulary completely identical to the prohibition registration information in the registration prohibition word database; when the brand name has the vocabulary which is completely the same as the registration prohibition information in the registration prohibition word database, outputting a warning result; when the trademark name is not identical to the registration prohibition information in the registration prohibition word database, further judging whether the similarity between the trademark name and the registration prohibition information in the registration prohibition word database reaches a set threshold value; and when the similarity between the trademark name and the registration forbidden word reaches a set threshold value, outputting a warning result.
According to an embodiment of the present application, the registration information of the trademark includes trademark applicant information, the prohibition database further includes an applicant prohibition database, and the determining module 830 is configured to compare the input registration information of the trademark with the prohibition registration information in the prohibition database to determine whether the trademark can be registered, including: when the trademark applicant information is contained in the applicant prohibition database, outputting a warning result; when the trademark applicant information is not contained in the applicant prohibition database, the warning result is not output.
It should be understood that, for the specific working processes and functions of the obtaining module 810, the updating module 820 and the determining module 830 in the foregoing embodiments, reference may be made to the description of the trademark registration method provided in the foregoing embodiments of fig. 1 to fig. 7, and in order to avoid repetition, details are not repeated herein.
Fig. 9 is a block diagram illustrating an electronic device 900 for brand registration according to an embodiment of the present application.
Referring to fig. 9, electronic device 900 includes a processing component 910 that further includes one or more processors, and memory resources, represented by memory 920, for storing instructions, such as applications, that are executable by processing component 910. The application programs stored in memory 920 may include one or more modules that each correspond to a set of instructions. Further, the processing component 910 is configured to execute instructions to perform the above-described brand registration method.
The electronic device 900 may also include a power component configured to perform power management for the electronic device 900, a wired or wireless network interface configured to connect the electronic device 900 to a network, and an input-output (I/O) interface. The electronic device 900 may be operated based on an operating system, such as Windows Server, stored in the memory 920TM，Mac OS XTM，UnixTM，LinuxTM，FreeBSDTMOr the like.
A non-transitory computer readable storage medium having instructions stored thereon, which when executed by a processor of the electronic device 900, enable the electronic device 900 to perform a trademark registration method, comprising: acquiring registration prohibition information, wherein the registration prohibition information includes information of a trademark prohibited from being registered; updating the forbidden database according to the forbidden registration information; registration information based on the inputted trademark is compared with registration prohibition information in a prohibition database to determine whether the trademark can be registered.
All the above optional technical solutions can be combined arbitrarily to form optional embodiments of the present application, and are not described herein again.
Those of ordinary skill in the art will appreciate that the various illustrative elements and algorithm steps described in connection with the embodiments disclosed herein may be implemented as electronic hardware or combinations of computer software and electronic hardware. Whether such functionality is implemented as hardware or software depends upon the particular application and design constraints imposed on the implementation. Skilled artisans may implement the described functionality in varying ways for each particular application, but such implementation decisions should not be interpreted as causing a departure from the scope of the present application.
It is clear to those skilled in the art that, for convenience and brevity of description, the specific working processes of the above-described systems, apparatuses and units may refer to the corresponding processes in the foregoing method embodiments, and are not described herein again.
In the several embodiments provided in the present application, it should be understood that the disclosed system, apparatus and method may be implemented in other ways. For example, the above-described apparatus embodiments are merely illustrative, and for example, the division of the units is only one logical division, and other divisions may be realized in practice, for example, a plurality of units or components may be combined or integrated into another system, or some features may be omitted, or not executed. In addition, the shown or discussed mutual coupling or direct coupling or communication connection may be an indirect coupling or communication connection through some interfaces, devices or units, and may be in an electrical, mechanical or other form.
The units described as separate parts may or may not be physically separate, and parts displayed as units may or may not be physical units, may be located in one place, or may be distributed on a plurality of network units. Some or all of the units can be selected according to actual needs to achieve the purpose of the solution of the embodiment.
In addition, functional units in the embodiments of the present application may be integrated into one processing unit, or each unit may exist alone physically, or two or more units are integrated into one unit.
The functions, if implemented in the form of software functional units and sold or used as a stand-alone product, may be stored in a computer readable storage medium. Based on such understanding, the technical solution of the present application or portions thereof that substantially contribute to the prior art may be embodied in the form of a software product stored in a storage medium and including instructions for causing a computer device (which may be a personal computer, a server, or a network device) to execute all or part of the steps of the method according to the embodiments of the present application. And the aforementioned storage medium includes: various media capable of storing program check codes, such as a U disk, a removable hard disk, a Read-Only Memory (ROM), a Random Access Memory (RAM), a magnetic disk or an optical disk.
In the description herein, references to the description of the terms "one embodiment," "some embodiments," "an example" or the like are intended to mean that a particular feature, structure, material, or characteristic described in connection with the embodiment or example is included in at least one embodiment or example of the application. In this specification, the schematic representations of the terms used above do not necessarily refer to the same embodiment or example. Furthermore, the particular features, structures, materials, or characteristics described may be combined in any suitable manner in any one or more embodiments or examples.
Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which this application belongs. The terminology used herein in the description of the present application is for the purpose of describing particular embodiments only and is not intended to be limiting of the application. As used herein, the term "and/or" includes any and all combinations of one or more of the associated listed items.
The above description is only exemplary of the present application and should not be taken as limiting the present application, as any modifications, equivalents and the like that are within the spirit and principle of the present application should be included in the scope of the present application.

Claims (10)

1. A method of brand registration, comprising:
acquiring registration prohibition information, wherein the registration prohibition information includes information of a trademark prohibited from being registered;
updating a forbidden database according to the forbidden registration information;
comparing registration information based on the inputted trademark with registration prohibition information in the prohibition database to determine whether the trademark can be registered,
wherein the acquiring registration prohibition information includes: and acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data.
2. The method for trademark registration according to claim 1, wherein the obtaining of the registration prohibition information according to network hot spot data and/or network hot search data includes:
crawling a network hotspot vocabulary arrangement and/or a network hotspot event title;
extracting at least one keyword from the network hotspot vocabulary ranking and/or the network hotspot event title;
and screening the at least one keyword to obtain the registration prohibition information.
3. The method of trademark registration according to claim 1, wherein the acquiring registration prohibition information further comprises:
determining the registration prohibition information according to a known trademark or a famous trademark recognized by an official party; and/or
Determining the registration prohibition information according to the brand trademark identified by the online shopping platform; and/or
And determining the registration prohibition information according to the brand trademark confirmed by the enterprise ranking list.
4. A trademark registration method according to any one of claims 1 to 3, further comprising:
receiving registration information of the trademark input by a user through user equipment;
and when the registration information of the trademark is contained in the prohibition database, sending an alarm result to the user equipment so that the user equipment presents the alarm result on a user interface for a user to refer to, wherein the alarm result is used for indicating whether the trademark can be applied or not.
5. The method of trademark registration according to claim 4, wherein the updating of the prohibition database according to the prohibition registration information includes:
dividing the registration prohibition information according to the property of the registration prohibition information to obtain a division result, wherein the warning result corresponds to the division result and comprises warning and prohibition;
and inputting the registration prohibition information into the prohibition database according to the division result.
6. The trademark registration method according to claim 4, wherein the registration information of the trademark includes a trademark name, the prohibition database includes a registration prohibition word database,
the comparing the input trademark-based registration information with the prohibition registration information in the prohibition database to determine whether the trademark can be registered, includes:
when the trademark name is contained in the registration prohibited word database, outputting the warning result;
when the brand name is not included in the registration prohibition word database, the warning result is not output.
7. The method of trademark registration according to claim 6, wherein the outputting of the warning result when the trademark name is included in the registration prohibition word database includes:
judging whether the brand name has a vocabulary which is completely the same as the registration prohibition information in the registration prohibition word database;
when the brand name has the vocabulary which is completely the same as the registration prohibition information in the registration prohibition word database, outputting the warning result;
when the trademark name is not identical to the registration prohibition information in the registration prohibition word database, further judging whether the similarity between the trademark name and the registration prohibition information in the registration prohibition word database reaches a set threshold value;
and outputting the warning result when the similarity between the trademark name and the registration prohibition information reaches a set threshold value.
8. The method of trademark registration according to claim 4, wherein the registration information of the trademark includes trademark applicant information, the prohibition database further includes an applicant prohibition database,
the comparing the input trademark-based registration information with the prohibition registration information in the prohibition database to determine whether the trademark can be registered, includes:
outputting the warning result when the trademark applicant information is contained in the applicant prohibition database;
not outputting the warning result when the trademark applicant information is not contained in the applicant prohibition database.
9. An apparatus for trademark registration, comprising:
the acquisition module is used for acquiring registration prohibition information, wherein the registration prohibition information comprises information of a trademark prohibited from being registered;
the updating module is used for updating the prohibition database according to the prohibition registration information;
a determination module for comparing registration information based on the inputted trademark with the prohibition registration information in the prohibition database to determine whether the trademark can be registered,
wherein the acquiring registration prohibition information includes: and acquiring the registration prohibition information according to the network hotspot data and/or the network hot search data.
10. An electronic device, the electronic device comprising:
a processor;
a memory for storing the processor-executable instructions,
wherein the processor is configured to perform the method of brand registration of any of the preceding claims 1 to 8.
CN202011199677.4A 2020-11-02 2020-11-02 Trademark registration method and device Active CN112035726B (en)

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