What is the significance of the formal examination and substantive examination of the trademark application by the my country Trademark Office
The Trademark Office will process the application for a trademark The significance of examination and substantive examination is to ensure that the registered trademark strictly complies with the conditions stipulated in the Trademark Law and relevant laws.
Applicants should correctly apply for trademark registration Understand the following aspects:
(1) Beforehand Search is very necessary, but if no prior conflicting trademark is found in the prior search, it does not mean that the registration will be approved. The so-called prior inquiry is an inquiry about trademark registration or application information that a trademark registration applicant conducts before formally filing an application with the Trademark Office to find out whether there are any prior trademarks that may conflict with the trademark he is applying for registration. Prior inquiry is not a necessary procedure for trademark registration applications, but it can improve the success rate of trademark registration applications to a certain extent and avoid unnecessary losses.
However, even if the query is implemented, no existing trademark registration is found and application information, and in fact, there is indeed no prior conflicting trademark, and it cannot be concluded that the applied trademark will definitely be approved for registration. Because a trademark is approved for registration, it not only requires that there is no identical or similar prior conflicting trademark used in on the same or similar goods, and it is also required that the trademark applied for registration must meet other regulations such as having distinctive features, not violating trademark prohibition clauses, not infringing on the prior rights of others, not maliciously registering, etc.
(2) The acceptance of a trademark registration application only means that the application has passed the formal examination. Approved registration must also pass substantive examination. The Trademark Office examines the trademark applied for registration and analyzes the two steps of formal examination and substantive examination. Among them, formal examination is only an examination of whether the documents and procedures of the trademark registration application comply with legal provisions, mainly Examine whether the filling in the application is truthful, accurate, clear and whether the relevant procedures are complete. Whether the trademark registration application can be accepted through formal examination is determined, and whether the trademark applied for registration can be preliminarily reviewed and announced depends on the Whether the trademark has passed the substantive examination.So, the trademark The acceptance of a registration application by the Trademark Office is only the beginning of the substantive examination process for the application. A rejected registration application is a trademark application that has passed the formal examination but does not meet the conditions in the substantive examination. The Trademark Office will issue a "Trademark Rejection Notice" to the applicant. ” and “Notice of Partial Rejection of Trademark”.
(3) Moreover, even if it is found that it complies with the relevant provisions of trademark registration after substantive examination, and is preliminary approved and announced, it does not mean that the trademark can be finally approved for registration. Because the trademark that has been preliminary approved has not been officially approved for registration, the applicant At this time, the exclusive right to trademark has not been obtained. Only a trademark that has been initially approved and announced has no objection from others within the objection period or the objection is not established, can it be approved for registration. After a trademark is approved for registration, the trademark registration applicant becomes a registered trademark.rights holder.
If readers need legal help, welcome to Legal Saviours.com for legal advice.
