What is the bid substantive review process
1. Contents of formal review
1. Is the applicant's qualifications legal?
2. Is the applicant’s address correct and accurate?
3. Whether the applicant's name and seal are consistent with the business license;
4. Whether the goods or services requested by the applicant to be approved are filled in in a specific and standardized manner , whether the classification is accurate and consistent with its business scope;
5. Whether the power of attorney through the agent meets the requirements;
6. Whether the quality, specifications and quantity of the trademark and trademark drawings meet the requirements;
7. Are the documents, instructions, etc. that should be attached complete?
8. Whether the fees for trademark registration application are paid;
9. Whether the writing requirements are met.
2. Contents of substantive examination
1. Whether the trademark complies with the statutory constituent elements;
2. Whether it has significant characteristics;
3 , whether it violates the prohibition regulations of the Trademark Law;
4. Whether it is the same as or similar to a trademark that has been registered or approved and announced by others.
3. Review consequences
(1) Formal review
1. If the application procedures are incomplete or the application documents are not filled in as required, it will be returned and the application date will not be Reserved;
2. The application procedures are basically complete or apply The document basically complies with the regulations, but if it needs to be supplemented or corrected, the applicant will be notified to make supplements and corrections. If the applicant makes corrections and returns them to the Trademark Office within the prescribed time limit, the application date will be retained;
3. If a request for correction is not made or the correction exceeds the time limit, it will also be returned and 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 will make a decision to allow registration if it complies with the relevant provisions of the Trademark Law. It will be announced in the "Trademark Announcement". The preliminary approval of the trademark will be published after the preliminary approval announcement is published. If no one raises an objection, or if there is an objection but it is not established, the trademark will be registered and a registration announcement will be published.
3. If the Trademark Office believes that although the trademark registration application does not comply with the regulations, it can be corrected, it will issue a "Trademark Examination Opinion" and limit the time for correction. The applicant If no amendments are made within the specified time or if the amendments still do 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.
The above is the content related to the trademark substantive review process compiled by the editor for you. If the party concerned is dissatisfied with the trademark review results, he or she can file a complaint with the Trademark Office If you apply for reexamination and are dissatisfied with the reexamination result, you can file an administrative lawsuit. If you still don’t understand anything, you may wish to consult with the lawyers at our Legal Savior Network.
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