The difference between formal examination and substantive examination

Formal review: it is a review conducted at the stage when you submit a trademark application. At this time, the Trademark Office mainly checks whether the information you submitted is complete and whether the expenses have arrived. Substantive examination: it is a comprehensive and comprehensive examination of a trademark. At this time, it will be examined whether the trademark violates the prohibition clause of the Trademark Law/whether it is similar to the previous trademark. Formal examination is the examination when you submit your application, and substantive examination is generally carried out within one and a half to two years after you submit your trademark application.

Legal analysis

First, the way is different 1. Formal examination: After receiving the application for trademark registration, the Trademark Office first conducts formal examination. 2. Substantive examination: refers to the examination of novelty, creativity, practicality and other substantive contents of the invention-creation for which the patent is applied by the State Patent Office. Second, the content is different 1. Formal review: review of application documents (whether the documents are complete, whether the filling is standardized, and whether the signature/seal is missing), review of trademark pattern specifications, clarity and necessary explanations, and classified review (review of reported goods/services). 2. Substantive examination: refers to a series of activities such as examination, 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 decides to give a preliminary examination or reject the application. Third, the characteristics are different 1. Formal examination: it mainly examines whether the applicant has the subject qualification to apply for a registered trademark, and whether the goods specified by the applicant for trademark protection comply with the legal provisions. 2. substantive examination: the applicant can conduct substantive examination of his application at any time according to his own request; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

legal ground

Article 29 of the Trademark Law of People's Republic of China (PRC) * * * In the course of examination, if the Trademark Office thinks that the contents of the application for trademark registration need to be explained or amended, it may require the applicant to make explanations or amendments. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.