What is the substantive review of trademark registration
Trademark substantive examination is the trademark registration authority’s examination of whether the trademark registration application complies with the trademark A series of activities such as inspection, data retrieval, analysis and comparison, investigation and research, and decision to grant preliminary approval or reject the application are carried out in accordance with the provisions of the law.
Examination of the relative grounds for refusal of trademark registration, that is, examination Whether the applied trademark conflicts with prior rights, so it is also called novelty review. This means that the administrative agency must not only examine whether the requirements of the application materials are met, but also 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.
When conducting on-site inspections, administrative agency staff should present their law enforcement identification documents to the parties or other relevant personnel to show that they are performing official duties on behalf of the country. Otherwise, the parties may refuse to accept verification. For example, Article 9 of the certification procedures for pollution-free agricultural products stipulates: “If the application materials meet the requirements, but on-site inspection of the place of production is required, the center shall make an on-site inspection plan and organize qualified inspectors to form an inspection team, and at the same time notify the applicant And ask the applicant to confirm. The inspection team shall complete the on-site inspection work within the time specified in the inspection plan." requiresThe main reason why administrative agencies send two or more staff members to conduct verification is to ensure the fairness of the verification work.
For complex or major administrative licensing, 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.
When a trademark is registered, it is also subject to substantive examination . The trademark registration authority conducts inspection, data retrieval, analysis and comparison, investigation and research on whether the trademark registration application complies with the provisions of the Trademark Law, and decides to give preliminary approval or reject the application. If you have any other related questions you would like to know, please feel free to consult the Legal Savior Network for free legal consultation.