1. What does it mean for a trademark to await substantive review
The fact that a trademark is pending substantive review means that it has passed the formal review stage and is waiting. Conduct a substantive review that goes down to the core.
The essence of formal review is to ensure that the trademark application file is complete and has no defects and meets relevant requirements. regulatory requirements.
The substantive examination is a crucial part of the trademark registration approval process. It covers many aspects such as whether the trademark complies with legal regulations, whether it is visually similar to a previously registered trademark, whether it has a distinctive and unique iconic character, whether it may infringe the rights of others, or whether it harms the public interest. Verify carefully.
If the trademark successfully passes this severe substantive examination test, it can safely Entering the publicity stage; on the contrary, if it is not approved, the trademark application submitted by the applicant will be ruthlessly rejected.
Article 28 of the "Trademark Law" For trademarks applying for registration, the Trademark Office The review shall be completed within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and approval shall be made.tell.
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. What are the principles for determining trademark infringement and who determines it?
The principles for determining trademark infringement mainly include the following aspects: First, the perpetrator must have the subjective intention to deliberately infringe the rights and interests of the trademark, which is specifically manifested in knowing that the trademark involved belongs to someone else and deliberately offending its legality.
The perpetrator must actively commit trademark infringement, such as using someone else’s trademark without permission. Registered trademarks or counterfeiting or illegally producing other people’s registered trademarks.
Finally, this infringement must have caused substantial economic losses to the trademark owner , including both property losses and non-pecuniary losses such as irreparable damage to product reputation and corporate image.
It should be noted that there must be a certain amount of time between this infringement and the actual damage consequences. There is a clear causal link, which means that otherwise the illegal behavior would not directly lead to the harm.
When it comes to trademark infringement cases, liability is usually determined by the relevant legal agency or High CourtResponsible.
The rights holder (i.e. the owner of the trademark rights and interests that are affected) The party) may also file a lawsuit with the court in accordance with the law to determine whether an infringement has been constituted, and at the same time request corresponding compensation.
The court will refer to the above-established determination principles and current relevant legal provisions to evaluate each case. Trademark infringement cases will be seriously reviewed and adjudicated.
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