1. What are the regulations for trademark registration review
1. Trademark registration The review regulations require a formal review first, that is, a certain review of whether the application materials comply with legal requirements, and then proceed to a substantive review, which is very detailed, that is, the legality of the trademark. Conduct search analysis and comparison.
2. Legal basis: Article 28 of the "Trademark Law of the People's Republic of China". The law clearly stipulates that for trademarks applied for registration, the Trademark Office shall automatically Within nine months from the date of receipt of the trademark registration application documents, the materials will be reviewed in accordance with the law. If the review is passed, a preliminary approval announcement will be made. During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
2. What are the contents of trademark registration review
In China, it refers to the activity in which the Trademark Office examines trademark registration applications in accordance with the law to decide whether to grant registration. A necessary procedure for trademark registration. Including:
(1) Formal examination refers to the examination of whether the trademark registration application meets the formal conditions. That is to examine whether the applicant is qualified to apply for a registered trademark, whether the application documents are complete, whether the filled-in content meets the requirements, whether the number and specifications of the submitted trademark drawings meet the standards, whether the application fee has been paid, whether the entrusted documents are complete, etc. If the formal examination is passed, the Trademark Office will assign an application number and issue a "Notice of Acceptance".
(2) Substantive examination refers to the examination of whether a trademark registration application meets the substantive conditions for trademark registration stipulated in relevant laws. Including whether the trademark structure complies with legal provisions and whether it is legalWhether the use of a mark prohibited by law is the same as or similar to a registered or preliminary approved trademark of others on the same or similar goods, whether it infringes upon the existing prior rights of others, etc. During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections.
If the Trademark Office believes that it complies with the relevant provisions of relevant laws and regulations, it will make a preliminary review decision and make an announcement. There is a three-month objection period after the announcement. If the objection period expires and there is no objection or the objection is not established, the registration will be approved, a trademark registration certificate will be issued, and the trademark will be announced. If upon examination the Trademark Office considers that the application does not comply with relevant legal provisions, it will reject the application.
To register a trademark, the applicant needs to bring relevant information and apply for trademark registration in accordance with the relevant procedures. The Trademark Office will calculate the number from the day the application is accepted. It is necessary to review the information and handle the trademark registration within nine months. The review period for trademark registration in my country is constantly being optimized and shortened. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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