What is to be examined in the substantive trademark examination
The substantive trademark examination is the trademark registration supervisor The agency conducts a series of activities such as inspection, data retrieval, analysis and comparison, investigation and research on whether a trademark registration application complies with the provisions of the Trademark Law, and decides to give preliminary approval or reject the application. The substantive examination in trademark registration is the key to determining whether the applicant's trademark can be granted exclusive rights. The substantive review 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 should consist of words, graphics, letters, numbers, A combination of three-dimensional logos and colors, as well as a combination of the above elements.
(2) Whether the trademark violates the prohibition clause, That is to examine whether the trademark applied for registration violates the trademark prohibition provisions stipulated in Articles 10, 11, 12 and 13 of my country's Trademark Law and other laws and regulations and cannot be registered and/or used as a trademark. Case.
(3) Examine whether the trademark complies with Article 9 of my country’s Trademark Law: the trademark applied for registration should have distinctive features.
(4) Examine whether the trademark is the same as or similar to someone else’s previously registered or preliminarily approved and announced trademark; whether it infringes upon the legitimate prior rights of others .
(5) Examine whether the trademark has expired with that of others butThere 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 discovers that there are obvious errors in the trademark application documents, he or she may apply for correction. The Trademark Office may also make corrections within the scope of its powers 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 an introduction to what needs to be examined during the substantive examination of a trademark. Through this article, everyone must have understood what needs to be examined during the substantive examination. In this regard, the editor of Legal Savior Network recommends that everyone learn more about relevant laws and regulations when applying for trademark patents, so that they can better handle related business. If your situation is complicated, Legal Savior Network welcomes you for legal consultation.
