Is it a failure to wait for substantive examination of a trademark?

Substantive examination is a crucial step in the trademark registration process. During this period, the State Intellectual Property Office will refer to the many conditions stipulated in the Trademark Law to conduct an in-depth analysis of the trademark matters to be approved, including whether the trademark can demonstrate its Unique and distinctive characteristics, and whether it may conflict with existing legitimate rights and interests and other details. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Is it a failure to wait for substantive examination of a trademark?

The so-called waiting for substantive trademark review cannot be regarded as a failure.

In fact, substantive examination is a crucial part of the trademark registration process , during this period, the Trademark Office will strictly follow the relevant provisions of the Trademark Law and conduct a rigorous and detailed review of whether the submitted trademark meets a package of conditions, including the distinctiveness of the trademark and whether there is a potential risk of conflict with prior rights. And many other aspects.

If the trademark successfully passes the substantive examination, the trademark registration certificate will be issued. And then enjoy the comprehensive protection of trademark rights.

If the trademark fails to successfully pass the substantive examination, the applicant should promptly file a complaint or Moderately adjust application strategies.

Trademark waiting for substantive examination is actually a common link in the trademark registration process, and it is not simple. pronounced a failure.

Article 28 of the Trademark Law: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it meets the relevant provisions of this Law, it shall make a preliminary review and announcement.

Article 29 During the review process, the Trademark Office believes that the content of the trademark registration application If clarification or correction is needed, the applicant may be required to make clarification or correction. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

2. Do unregistered well-known trademarks have trademark rights?

Well-known trademarks that have not been registered can also be recognized as trademark rights in my country.

According to the current Trademark Law, for those well-known trademarks that have not completed the trademark registration process Brands, goods of the same type or similar categories shall not be infringed. Violators will never be able to use such trademarks again. In view of this, we can know that in some special occasions, those unregistered well-known trademarks can still be used. The main reason is that in past practical cases, for unregistered trademarks such as "Little Sheep" and "Sour Yogurt", courts at all levels and the Trademark Review and Adjudication Board have confirmed that they should enjoy Legal status and corresponding rights and interests.

Take the "Little Sheep" trademark as an example. As early as 2004, the trademark had It was determined to be a well-known trademark by the Trademark Office of the State Administration for Industry and Commerce of my country; and another year later in 2006, the local court made the same judgment without hesitation. This determination statement made by the people undoubtedly shows that Even if a trademark is not yet registered, as long as it has reached the standard of notoriety, it is still eligible for full protection and protection.