What does trademark status pending substantive examination mean?

For patent registration and trademark registration in my country, relevant information needs to be provided to the relevant departments for review. Trademark registration applications require formal review and implementation review. If there are no objections after the two examinations are passed and published, the trademark application is passed. So what does it mean that the trademark status is waiting for substantive examination? The editor of Legal Savior Network will answer the questions for readers below.

What does the trademark status pending substantive review mean

The trademark status pending review means that the trademark has passed the formal review. Being in the stage of waiting for substantive examination is a review status indicating the trademark review process.

1. What is trademark substantive examination

Trademark substantive examination, The trademark registration authority 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.

2. Contents of substantive trademark examination

Application for trademark registration The substantive examination 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 prohibited clauses, that is, whether the trademark applied for registration violates Articles 10, 11, and 10 of my country's Trademark Law The trademark prohibition clauses stipulated in Articles 2, 13 and 16 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 my country’s Trademark Law: the trademark applied for registration should have distinctive features.

(4) Examine whether the trademark is identical 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) to examine whether the trademark is identical or similar to someone else’s trademark that has expired but has not expired 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 the relevant content about the substantive examination of trademarks. If you still have any questions about this, you need to find a lawyer for legal help. Welcome to the Legal Savior Network For legal consultation, we will provide the highest quality legal services.

Lawyer recommendation: Jiangsu lawyer, Dazhou lawyer, Deyang lawyer, Sichuan lawyer