In China, both patent registration and trademark registration need to provide relevant information, and then go to relevant departments for review. Trademark registration application needs formal examination and implementation examination. If it is approved twice and there is no objection after publicity, the trademark application is passed, so what is the status of the trademark waiting for substantive examination?
First, what is the substantive examination of trademarks?
The substantive examination of trademark refers to a series of activities such as inspection, data retrieval, analysis and comparison, investigation and study by the competent trademark registration authority on whether the application for trademark registration conforms to the provisions of the Trademark Law, and makes a preliminary examination or a decision to reject the application.
Two. Contents of substantive examination of trademarks
The substantive examination of the application for trademark registration is carried out from five aspects:
(1) Is there a legal requirement for a trademark?
Article 8 of China's Trademark Law stipulates the constituent elements of a trademark, that is, a trademark should be a combination of words, graphics, letters, numbers, three-dimensional signs and colors.
(2) Whether the trademark violates the prohibition clauses, that is, whether the trademark applied for registration violates the prohibition clauses stipulated in Articles 10, 11, 12, 13 and 16 of China's Trademark Law, and whether it can not be registered or used as a trademark as stipulated by other laws and regulations.
(3) Examining whether the trademark conforms to Article 9 of China's Trademark Law: the trademark applied for registration shall have distinctive features.
(4) Examining whether the trademark is identical with or similar to the trademark previously registered by others or announced by preliminary examination and approval; Whether it will infringe upon the legitimate prior rights of others.
(5) Examining whether the trademark is identical with or similar to a trademark that has expired but has not exceeded one year.
Baidu Encyclopedia-Trademark Substantive Examination