Whether there is substantive examination for trademarks in European countries
Yes Substantive examination
Substantive examination
refers to the designation of the Trademark Office The examiner will inspect, search, analyze and compare, investigate and study the trademark legality of the trademark registration application that has been reviewed and assigned an application number, and will conduct a series of tasks such as preliminary approval or rejection accordingly. It mainly includes four aspects:
Whether the trademark complies with legal constituent elements;
Whether it has distinctive features;
Whether it violates the prohibition regulations of the Trademark Law;
Whether it is identical or similar to a trademark that has been registered or approved and announced by others.
5. After substantive examination, the Trademark Office will make a decision to allow registration if it complies with the relevant provisions of the Trademark Law. And be announced in the "Trademark Announcement". If no objection is raised to a preliminary approved trademark within three months from the date of publication of the preliminary approval announcement, or if there is an objection but it is not established, the trademark will be registered and a registration announcement will be published at the same time.
Trademark review
Trademark review refers to the Trademark Office’s inspection, data retrieval, analysis and comparison, investigation and research on whether a trademark registration application complies with the provisions of the Trademark Law and decides to give a preliminary approval or reject the application and a series of other activities.
Countries around the worldWhether and how to review a trademark application for registration can be roughly divided into two approaches. One is to implement the review principle, that is, to conduct both formal review and substantive review. Most countries adopt this approach. The other is to implement the principle of non-examination, that is, only formal examination is carried out and no substantive examination is carried out. my country has always adopted the review principle for trademark applications for registration.
Formal examination is also called written examination
Refers to trademarks After receiving the trademark registration application, the Office will review the application materials, which mainly includes the following contents: review the qualifications of the trademark registration applicant and whether he has the right to apply for this type of trademark registration; review the conditions of the trademark registration application to see whether they comply with the Trademark Law " and the "Trademark Law Implementation Regulations" require complete procedures; review whether the "Trademark Registration Application" is filled in in compliance with the prescribed requirements; review whether the classification of goods or services is accurate and whether it is consistent with one application for one trademark, one class of goods or services requirements; examine whether an agency has been entrusted with the trademark registration application, whether the power of attorney meets the requirements, whether the trademark pattern is clear, etc.
The above content is the editor’s answer to the question “Do trademarks in European countries have substantive examination?” If readers need legal help, welcome to Legal Savior Get legal advice online.
