How long does it take for trademark substantive examination
There is no clear regulation on the time for trademark substantive examination.
The content of substantive examination includes scanning, entry, and classification Graphic elements, classification of trademark cards, classification of goods and services, financial reconciliation, etc., if it passes the substantive review, the Trademark Office will issue an acceptance notice.
Trademark substantive examination
Substantial examination is the examination, data retrieval, analysis and comparison, investigation and study carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law and decides to give preliminary approval or rejection. Application and other activities.
(1) Absolute reasons for refusing trademark registration Review, that is, review whether the applied trademark violatesProhibited terms and whether they have distinctive features;
(二) examination of the relative reasons for refusing trademark registration, that is, examining whether the applied trademark conflicts with prior rights, so it is also called novelty examination.
Substantive examination means that the administrative agency must not only review the application The application materials will be reviewed to see if they meet the requirements, and the substantive content of the application materials will also be reviewed to see if they meet the requirements. For the substantive review of the application, some can adopt the method of written review, that is, to understand the relevant situation through the statement of the application materials and conduct the review. However, some substantive reviews require on-site verification to confirm the true situation. For example, the Food Hygiene Law stipulates that after the food hygiene supervision agency conducts a preliminary review of the application materials of food production and operation enterprises and food vendors, it shall appoint food hygiene supervisors to conduct in-depth on-site hygiene inspections within the specified period, and inspect links that do not meet the hygiene requirements. , put forward opinions and provide guidance, and then review it after correction until it meets the health requirements stipulated by the state.
If on-site verification is required, the administrative agency shall Assign two or more staff members to conduct verification. When conducting on-site inspections, administrative agency staff should present their law enforcement identification documents to the parties or other relevant personnel to show that they are performing official duties on behalf of the country. Otherwise, the parties may refuse to accept verification.
Registered trademarks must undergo substantive examination, otherwise It cannot become a registered trademark. Administrative agencies must not only examine whether the application materials meet the requirements, but also examine whether the substantive content of the application materials meets the conditions, so a substantive examination is required. If you have any other related questions you would like to know, please feel free to consult the Legal Savior Network for free legal consultation.
