What is the trademark substantive examination process
The trademark substantive examination process mainly includes the following aspects:
1. ReviewTrademark elements
Most of the trademarks we apply for are composed of Chinese characters (simplified or traditional) , Chinese Pinyin, English and other characters. However, it should be noted that variant Chinese characters cannot be included. In addition, it is difficult for short pure numbers, pure letters, and concise pure color trademarks to be approved and registered by the Trademark Office.
2. reviewWhether the trademark violates the prohibition regulations
Some special signs cannot be used as trademarks, such as signs that are ethnically discriminatory, signs that are the same or similar to our country's flag, national emblem, national anthem, etc., are harmful to socialist morals, or There are other signs of adverse effects. Therefore, it is difficult for trademarks starting with “China” to pass.
When the examiner is examining a registered trademark application, if If a trademark is found to violate the prohibition regulations stipulated in the Trademark Law, the trademark registration application will be decisively rejected and will not be registered.
3. ReviewWhether the trademark is distinctive
Distinctiveness is an important feature of a trademark. Therefore, many trademarks that look powerful are often rejected due to lack of distinctiveness. For example, some marks only have the common name of the goods, or only indicate the quality, main raw materials, functions, uses, etc. of the goods. Such marks have extremely weak distinctiveness, and the Trademark Office will certainly not approve them as registered trademarks.
4. ReviewWhether the trademark is similar
When examining a registered trademark, the Trademark Office examiner will conduct a detailed search of the Trademark Office database to confirm whether the trademark It is identical or similar to a trademark that has been previously registered or initially approved and announced by others; if there are similarities, the trademark registration application will be rejected. Substantive examination of trademarks is the top priority for trademark examiners. If the applied for If there is even the slightest flaw in the trademark, the trademark application will be rejected and the registration will not be approved.
Review consequences
(1) Formal review
1. If the application procedures are incomplete or the application documents are not filled in as required, they will be returned and the application date will not be retained;
2. The application procedures are basically complete or the application documents are basically in compliance with the regulations, but it is necessary If the applicant makes corrections and makes corrections, the applicant shall be notified to make corrections. If the applicant makes corrections and returns them to the Trademark Office within the prescribed time limit, the application date shall be retained;
3. If the request for correction is not made or the correction exceeds the time limit, the same will be done.If returned, the application date will not be retained.
(2) Substantive examination
1. The Trademark Office believes that the trademark applied for registration does not comply with the Trademark Law and its If the application is stipulated in the Implementation Regulations or is confused with a trademark previously registered or applied for by others, the application will be rejected, a "Notice of Rejection" will be issued to the applicant, a brief statement of the reasons for rejection, and the application and relevant documents will be returned to the applicant. or its agents.
2. The Trademark Office is responsible for compliance with the "Trademark Law" If relevant regulations are met, a decision will be made to allow its registration. And be announced in the "Trademark Announcement". If no objection is raised to a preliminary approved trademark within three months from the date of publication of the preliminary approval announcement, or if there is an objection but it is not established, the trademark will be registered and a registration announcement will be published at the same time.
3. The Trademark Office believes that although the trademark registration application has For areas that do not meet the regulations but can be corrected, a "Trademark Examination Opinion" will be issued and the time for correction will be limited. If the applicant fails to make corrections within the stipulated time or if the modification still does not comply with the provisions of the Trademark Law, the application will be rejected and a "Notice of Rejection" will be issued to the applicant.
Don’t know much about the specific content of trademark substantive examination or If you want to fight for your rights, you can come to the Legal Savior website to consult with a lawyer.
No comments yet. Say something...