1. What are the specific procedures for electronic trademark registration text?
1. To register a word trademark, you must first check whether there are any registered trademarks of the same type. Identical or similar trademarks cannot be registered.
2. The next step is to submit application materials. Applicants can go to the Trademark Office Service Hall and submit the application form and other supplementary materials as required. You can entrust a qualified trademark agency to handle it on your behalf. When applying, you only need to prepare the application materials according to the agent's requirements.
3. Review: After receiving the trademark application materials, the Trademark Office will first review whether the relevant materials are correct and complete, and whether the fees are paid. If there are any missing parts, the applicant will be notified to supplement the materials within 30 days.
4. Review: The Trademark Office will check whether the relevant trademark is distinctive. It mainly checks whether the registered trademark complies with the registration provisions of Chinese trademark laws and regulations through search, analysis, comparison and necessary investigation and research. The time is about 1 year.
5. There are three types of review results.
①Preliminary Examination Announcement: After passing the substantive examination, the Trademark Office will issue a Trademark Preliminary Examination Announcement.
② Partial rejection and announcement: When part of the registered trademark application does not meet the regulations, this part will be rejected, and the other rejected parts will be announced in the preliminary review .
③Reject all without announcement: According to the provisions of the Trademark Law, if the trademark applied for registration violates the prohibited registration and prohibition clauses or the trademark has been previously registered with others, If the trademark is identical or similar, the Trademark Office will reject the trademark application and the rejected trademark will not be announced.
2. What is the content of substantive examination of word trademark registration?
Substantial examination in trademark registration is to decide the application The key to whether a person'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
Legal basis: Article 8 of China’s Trademark Law stipulates the constituent elements of a trademark, that is, a trademark should consist of words, graphics, letters, numbers, and three-dimensional signs. and color combinations, as well as the combination of the above elements.
(2) Whether the trademark violates the prohibition clause, that is, review whether the trademark applied for registration violates China's Trademark The trademark prohibition clauses stipulated in Articles 10, 11, 12, 13 and 16 of the Law and other situations stipulated in laws and regulations that cannot be registered and/or used as a trademark.
(3) Examine whether the trademark complies with Article 9 of China’s Trademark Law: the trademark applied for registration should have distinctive features.
(4) Examine whether the trademark is identical or similar to another person's trademark that has been previously registered or preliminarily approved and announced; whether it infringes on other people's legitimate prior rights.
(5) Examine whether the trademark is identical or similar to someone else's trademark that has expired but has not expired more than one year.
In During the review of the trademark registration application, if the trademark registration applicant discovers 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.
In summary, the substantive examination of the trademark It is a series of activities carried out by the trademark registration authority to review whether the trademark registration application complies with the provisions of the Trademark Law, data retrieval, analysis and comparison, investigation and research, and decision to approve the preliminary examination. The application may be successfully passed or rejected. But no matter which , the trademark registration process cannot be omitted. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.