What is the content of the trademark waiting for substantive examination?

Many people know that after applying for a trademark, the Trademark Office needs to carry out relevant examination work, but many people do not have a particularly clear understanding of this aspect. They are not clear about what the trademark is waiting for substantive examination. The following is compiled by the editor of Legal Savior. The following content is answered for you, I hope it will be helpful to you.

What is a trademark substantive examination?

Trademark substantive examination is when the trademark registration authority determines whether a trademark registration application complies with the trademark law. It stipulates a series of activities such as inspection, data retrieval, analysis and comparison, investigation and research, and decision 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 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) Examine whether the trademark is identical or similar to someone else’s trademark that has expired but has not expired for 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 documents, such as the name of the trademark registration applicant, the text used for the trademark, etc.Words, graphics, colors, etc.

How long does the trademark substantive review process take

Trademark inquiry (within 2 days) → application document preparation (3 Within days) → Submit application (within 2 days) → Pay trademark registration fees → Trademark formal review (1 month) → Issuance of trademark acceptance notice → Trademark substantive review (9 months) → Trademark announcement (3 months) → Trademark issuance Certificate.

If your situation is complicated, Legal Savior Network welcomes you for legal consultation.