What is the registered trademark review process
The trademark registration review process is:
(1) Preliminary review and announcement
This is what the Trademark Law stipulates. All trademarks applied for registration must comply with the relevant provisions of this law. , which will be initially reviewed and announced by the Trademark Office. The preliminary review referred to here means that the Trademark Office will review the accepted trademark registration application. If after review, it is deemed that the applied trademark complies with the relevant provisions of the Trademark Law, a preliminary approval decision will be made, which can also be said to be A decision allowing registration of a trademark.
The trademark that has been initially approved is edited and published by the Trademark Office It will be announced in the trademark announcement, and this announcement is called the preliminary approval announcement. Preliminary approval is the first step in reviewing and approving a trademark registration application, and it is also a very important step. Although a trademark that has been preliminarily approved and announced is an important part, it cannot be regarded as having been approved for registration. A trademark that has been preliminarily approved and announced is a trademark that has not yet obtained the exclusive right to use a trademark.
(2) The application is rejected and no announcement will be made
This is another situation in the review of trademark registration applications, that is, any trademark applied for registration does not comply with the trademark law. If it is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.
The review of trademark registration can be divided into two parts: formal review and substantive review. The content of formal review is mainly This includes whether the trademark registration application meets the legal conditions and complies with legal procedures, and whether the items filled in meet the requirements; substantive review is to review the legality of the trademark registration in accordance with the provisions of the Trademark Law for trademark registration applications that have passed the formal review, including reviewing the trademark Whether it is distinctive, whether it violates statutory prohibition clauses, and whether it is identical or similar to a previously registered or preliminary approved trademark used on the same or similar goods, to determine whether the trademark applied for registration will be given preliminary approval. If it is rejected If you apply, it will not be announced.
(3 )Determination of preliminary approval sequence
This needs to be determined The situation in which the order of preliminary examination and approval occurs occurs when there are two or more applicants for trademark registration and they apply for registration of the same or similar trademarks on the same goods or similar goods. In this regard, the Trademark Law establishes The principle of first-to-file is adopted and the rights of the earlier applicant are taken into consideration, so the trademark that was applied for first is stipulated to be initially reviewed and announced; however, if two or more applicants apply on the same day, the trademark law must consider The rights of the prior user, so it is stipulated that the previously used trademark shall be initially reviewed and announced, and the applications of others shall be rejected and no announcement shall be made.
The above provisions involve the issue of rights adjustment. The Trademark Law takes into account the rights of the prior application under certain conditions. , and also considers the prior right of use under certain conditions. This is appropriate and does not conflict, but is a kind of normative coordination.
(4) Protect prior rights and prevent squatting
This is a legal principle for the review of trademark registration applications and a rule that determines whether the exclusive right to trademark can be obtained. This The rules were established when the Trademark Law was revised for the second time. What it emphasizes is that in trademark registration, the principles of fair competition in the market economy must be followed, the legitimate rights of the parties concerned must be fairly confirmed, and trademark registration is not allowed to be used as a means to harm others. legitimate rights and interests, engage in unfair competition, and even infringe upon the normal rights of others. What is advocated and protected in trademark registration is reasonable and creative achievements. Only in this way can it comply with the basic requirements of the trademark legal system and reflect the rights of intellectual property. Essential characteristics.
The Trademark Law clearly stipulates that application for registration Trademarks shall not damage the existing prior rights of others, nor shall they use unfair means to register trademarks that have been used by others and have certain influence. This provision is necessary, and it confirms in trademark registration that it is essential to the market economy. The principle of fairness and justice; it improves an important content of China's trademark legal system, that is, China has established the principle of first registration, but prevents it from becoming absolute; it is realistic and reflects de facto fairness.
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