What is the substantive trademark examination stage like?

A trademark is a kind of intellectual property that distinguishes an enterprise from other products. For a company's trademark, in order to better obtain legal protection, it can file a trademark application with the Trademark Office. The Trademark Office needs to conduct an examination within the statutory time limit. So, what is the substantive examination stage of a trademark? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

What is the substantive trademark examination stage like

Trademark registration substantive examination Trademark substantive examination (within 9 months from the date of application After review), trademark substantive review is a series of activities conducted by the trademark registration authority to check whether the trademark registration application complies with the provisions of the Trademark Law. Data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application.

Trademark substantive examination

Trademark substantive examination is the examination of trademark registration applications by the trademark registration authority. A series of activities include inspection, data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application to determine whether it complies with the provisions of the Trademark Law.

Contents of trademark substantive examination

quotientSubstantive examination in trademark registration is the key to determining whether the applicant’s trademark can be granted exclusive rights. The substantive examination of a trademark registration application is conducted from five aspects:

(1) Whether the trademark has statutory constituent elements

Article 8 of my country’s Trademark Law stipulates the constituent elements of a trademark, that is, a trademark shall consist of a combination of words, graphics, letters, numbers, three-dimensional signs and colors, as well as a combination of the above elements.

(2) Whether the trademark violates the prohibition clause, that is, Examine whether the trademark applied for registration violates the trademark prohibition provisions stipulated in Articles 10, 11, 12, 13 and 16 of my country's Trademark Law and other laws and regulations. It cannot be registered as a trademark. and/or circumstances of use.

(3) Examine whether the trademark complies with my country’s Trademark Law 》Article 9 stipulates: The trademark applied for registration shall have distinctive features.

(4) Examine whether the trademark has been registered with others before Or the trademark that has been preliminarily examined and announced is identical or similar; whether it infringes upon the legitimate prior rights of others.

(5) Examine whether the trademark has expired with that of others but There are no identical or similar trademarks with a validity period of more than one year.

During the review of a trademark registration application, if the trademark registration applicant finds that the trademark application document has obvious errors, he may apply for correction. The Trademark Office may also make corrections within its scope of authority in accordance with the law and notify the applicant . This kind of correction does not involve the substantive content of the trademark application document, such as the name of the trademark registration applicant, the words, graphics, colors used in the trademark, etc.

The above is the relevant content of the trademark substantive examination stage compiled by the editor for you. If an interested party is dissatisfied with the party's trademark application, it is If you can raise an objection within the relevant publicity period, the Trademark Office needs to carefully review it. If you still don’t understand anything, you may wish to consult the lawyers at our Legal Savior Network.