Trademark substantive review months
Trademark substantive review The time is usually nine months.
Trademark substantive examination, the trademark registration authority conducts inspection, data retrieval, analysis and comparison, investigation, research and decision on whether the trademark registration application complies with the provisions of the trademark law. A series of activities including preliminary review or rejection of the application.
Trademark registration substantive review Trademark substantive review (completed within 9 months from the date of application), trademark substantive review is the review 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 grant preliminary approval or reject the application to determine whether it complies with the provisions of the Trademark Law.
Trademark rejection and partial rejection should be Issues to note
1. Rejection or partial rejection notices should accurately apply relevant legal provisions.
2. If the pending trademark is rejected on some goods on absolute grounds and on some goods on relative grounds, the part that is rejected on absolute grounds must be Search whether there are any prior rights.
3. When a certain part of the pending trademark is rejected on absolute grounds, a search must be conducted to see if there are any prior rights to other parts of the trademark. If there is any prior similarity, If the trademark is a trademark, the relative reasons should be cited at the same time for rejection. For example, in the case of the "Xueshan Weibao" trademark on medicines and the "Tianlong Nano" trademark on clothing, in addition to the rejection of the "Xueshan" and "Tianlong" trademarks cited earlier, the prohibition clauses must also be cited to reject the "Weibao" and "Nano" trademarks. "part.
4. When a pending trademark is to be rejected on absolute grounds, the examination results for the same trademark in all categories should be searched.manage the situation. In addition to considering the particularity of various types of goods/services, the review standards for the same trademark in different categories should be consistent.
5. If the pending trademark is rejected or partially rejected based on relative reasons, the following issues should be noted:
(1) Confirm the rights status of the cited trademark. If the cited trademark has priority, renewal, change, transfer, cancellation and other information, you should check the details.
(2) The rebuttal should clearly point out the specific similarities between the pending trademark and the cited trademark.
(3) If the same element of a trademark needs to be cited in two or more trademarks for rejection, similar goods should be specified.
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