What is the content of trademark substantive examination?

If you want to use a trademark permanently, it is best to apply for a patent. When applying for a trademark patent, you must not only submit relevant information but also undergo review, because only in this way can the legality of the trademark be determined and the holder can use it. After application, what requirements does the Patent Office have for the substantive examination of trademarks? The editor of Legal Savior Network will introduce them one by one for you immediately.

1. What are the contents of trademark substantive examination

(1) Substantive examination It mainly examines whether the constituent elements of the trademark applied for registration meet the substantive requirements stipulated in the Trademark Law and its regulations, and then makes a decision of approval or rejection. The main contents of the substantive examination include:

1. Whether the trademark applied for registration has statutory constituent elements;

2. Whether the trademark applied for registration is distinctive and whether it infringes upon the prior rights of others;

3. Whether the trademark applied for registration violates the prohibition on Regulations on the use or prohibition of registration of marks;

4. Whether the trademark applied for registration violates the provisions prohibiting translation, imitation, and copying of other people's well-known trademarks;

5. Whether the trademark applied for registration violates the regulations prohibiting false geographical indications;

6. Application for registration Whether the trademark applied for registration is identical or similar to that of others registered or preliminarily approved for the same or similar goods or services;

7. Whether the trademark applied for registration is identical to that of others; The trademark applied for earlier is identical or similar to the same or similar goods or services;

8. The trademark applied for registration is less than 1 year old from the date of cancellation, cancellation or invalidation. Whether the registered trademarks of the year are the same or similar.

2. What issues should be paid attention to when applying for trademark registration?

1. Only individuals or groups meeting the following conditions can file trademark applications in my country:

Applicants for trademark registration must be: enterprises established in accordance with the law. Public institutions. Social groups. Individual industrial and commercial persons. Individual partnerships or countries that have signed an agreement with China or jointly participated in international treaties with China or handled on the basis of reciprocity. foreigners or foreign enterprises.

2. Submit an application according to the classification of goods and services;

3. Determination of the trademark application date:

It is very important to establish the application date. Since trademark registration in China adopts the first-to-file principle, once the application date occurs, the order will be determined. The legal basis for trademark rights, the application date for trademark registration shall be the date when the Trademark Office receives the application documents.

If you encounter a problem when applying for a trademark patent, When faced with these issues, you can seek legal consultation at the Legal Savior Network.