What does it mean to wait for substantive examination
Before the notice of entering the substantive examination stage is issued, or the formal legal status Before entering the substantive review stage, it is still waiting for substantive review.
Substantive examination
Substantial examination is to determine whether the trademark applied for registration is qualified for registration Review of conditions.
Trademark substantive examination
Substantial examination is a series of activities conducted by the trademark registration authority to check whether a trademark registration application complies with the provisions of the Trademark Law. It conducts data retrieval, analysis and comparison, investigation and research, and decides to give preliminary approval or reject the application.
(1) Review of the absolute grounds for refusal of trademark registration, that is, review of whether the applied trademark violates prohibited terms and whether it has distinctive features;
(2) Examination of the relative reasons for refusing trademark registration, that is, examination of the application Whether the trademark conflicts with prior rights, it is also called novelty review.
means that the administrative agency must not only review the application materials A review will be conducted to see if the essential requirements are met, and the substantive content of the application materials will also be reviewed to see if they meet the conditions. For the substantive review of the application, some can adopt the method of written review, that is, to understand the relevant situation through the statement of the application materials and conduct the review. However, some substantive reviews require on-site verification to confirm the true situation. For example, the Food Hygiene Law stipulates that after the food hygiene supervision agency conducts a preliminary review of the application materials of food production and operation enterprises and food vendors, it shall appoint food hygiene supervisors to conduct in-depth on-site hygiene inspections within the specified period, and inspect links that do not meet the hygiene requirements. , put forward opinions and provide guidance, and then review it after correction until it meets the health requirements stipulated by the state.
For complex or major administrative licenses, Administrative agencies should adopt an extremely cautious attitude, and the heads of administrative agencies should discuss and make decisions collectively. Administrative licenses with complex or major circumstances generally refer to public interests or major interests of interested parties. For such administrative licenses, in addition to applying general review procedures, the applicant or interested parties are given an opportunity to state and defend themselves. If the hearing conditions are met, the hearing shall be held in accordance with the hearing procedures. Before making an administrative licensing decision, the person in charge of the administrative agency should have a collective discussion, conduct in-depth analysis and research on the situation during the review process, and then make an administrative licensing decision to maximize the protection of the legitimate rights and interests of citizens and organizations in terms of administrative procedures.
For your question of "waitingThe editor of Legal Savior Network has sorted out the question "What does substantive examination mean?" Substantive examination is a series of examinations carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. The instant examination system is a timely review of the application. Under the delayed examination system, the application is not subject to substantive examination immediately, but the application is made public first, and then the Patent Office conducts substantive examination. If you have any questions, please consult the lawyers of the Legal Savior Network.
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