What is the meaning of substantive examination of trademarks
Substantial examination is the judgment of the trademark registration authority on whether the 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.
1. Review of absolute grounds for refusal of trademark registration, That is to examine whether the applied trademark violates the prohibited terms and whether it has distinctive features;
2. Review of the relative reasons for refusal of trademark registration, that is, review of whether the applied trademark conflicts with prior rights, so it is also called novelty review.
It means that the administrative agency must not only review the requirements of the application materials It will also be reviewed whether the substantive content of the application materials meets 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 complex or major administrative licenses, administrative agencies should adopt an extremely cautious attitude, and the person in charge of the administrative agency should discuss and decide 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. For those who meet the hearing conditions, a 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 discuss collectively, 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 from the perspective of administrative procedures. .
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