What are the formal examinations for trademark registration
After receiving the application, the Trademark Office will first conduct a formal examination .
Formal review is mainly divided into three parts: Application Review of the documents (whether the documents are complete, whether the filling is standardized, whether signatures/seals are missing from each other), review of the specifications, clarity and necessary explanations of the trademark drawings, and classification review (review of the reported goods/services).
"Trademark Law of the People's Republic of China" Article 20 Article 1 The Trademark Office shall examine the trademark registration applications accepted in accordance with the relevant provisions of the Trademark Law and these Regulations. If the registration application meets the provisions or the trademark is used on some designated goods, it shall make a preliminary review and make an announcement; If the application for registration of a trademark used on some designated goods does not comply with the Regulations or the application for registration of a trademark used on some designated goods does not comply with the regulations, the application for registration of a trademark used on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated.
During the formal review process, the Trademark Office mainly issues There are three types of notices: "Notice of Acceptance", "Notice of Supplement and Correction" and "Notice of Non-Acceptance". If upon review it is deemed that the application procedures are complete and the application documents have been filled in in accordance with the regulations, the application will be accepted and the application date, application date and time will be confirmed.No. and a "Notice of Acceptance" will be issued.
If the application procedures are incomplete or the application documents are not filled in as required, the Trademark Office will not accept the application, the application date will not be retained, and a "Notice of Non-Acceptance" will be issued. The aforementioned incomplete application procedures or failure to fill in application documents in accordance with regulations mainly include the following situations:
(1) The name, seal and subject qualification certificate of the trademark registration applicant do not match;
(2) Failure to fill in the main content of the application document as required, such as the applicant's name and address (including Chinese and English); failure to fill in the goods/services; failure to attach Or the trademark pattern is not affixed and the pattern affixed on the application form is inconsistent with the attached pattern;
(3) The application for trademark registration lacks a copy of the subject qualification certificate;
(4) The trademark pattern is unclear or even unrecognizable;
(5) The person entrusting an agent does not have a power of attorney or the power of attorney is not filled out in a standardized manner.
(6) Application for entrustment of agency No agency seal is stamped;
(7) Failure to pay fees as required;The application procedures are basically complete or the application documents are basically in compliance with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a "Supplements and Corrections" "Notice", which requires them to make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notice. If corrections are made and returned to the Trademark Office within the prescribed time limit, the application date will be retained; if corrections are not made within the time limit, the application will be deemed to have been abandoned, and the Trademark Office will notify the applicant in writing (issue a "Notice of Invalidity of Trademark Registration Application") and the application date will not be retained. , the aforementioned application procedures are basically complete or the application documents are basically in compliance with the regulations but need to be supplemented and corrected, including the following situations:
(1) The names of the goods/services reported are not standardized and specific;
(2) The names of the goods/services reported do not belong to the same category;
(3) The trademark image is unclear;
(4) The text in the trademark pattern needs to be explained.
Everyone will understand after reading the content of this article Well, this is also relatively important legal knowledge at present. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
