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Preliminary inspection and acceptance
After receiving the application and materials submitted by the applicant, the Trademark Office conducts a preliminary examination (formal examination) according to law to examine whether the applicant's application behavior is valid and whether it has the qualification to accept, so as to decide whether to accept it.
Substantive inspection
Substantive examination is the examination conducted by the trademark authority to determine whether the trademark applied for registration meets the registration conditions. The contents of the review include the following aspects:
1. Whether the trademark is significant.
2. Whether the trademarks are identical or similar.
3. Whether the trademark violates the prohibition clause.
4. Whether there are other prior applicants for the trademark. Where two or more applicants apply for registration of the same or similar goods with the same or similar trademarks on the same day, and the application materials meet the relevant provisions, the Trademark Office shall notify the applicants or their agencies to reissue the Notice of Proof of Use. The applicant shall provide proof of the use of the subject matter within 30 days, with the earlier use as the first application.
Preliminary examination and announcement
After substantive examination, the Trademark Office preliminarily examines and registers trademark applications that meet the relevant provisions of the Trademark Law, and preliminarily examines and registers trademarks, establishes examination retrieval cards, fills in preliminary examination papers, and publishes them in the Trademark Announcement. This announcement is called the announcement of preliminary examination. The applicant for preliminary examination and approval of a trademark may obtain a trademark announcement for free as the applicant's notice. The basic contents of a trademark announcement include the following aspects:
1. Preliminary examination and approval of trademark announcement. Print the preliminary approval number, application date, trademark, goods used, category, applicant and applicant address.
2. Announcement of registered trademarks. Print the registration number, trademark, category, registrant and trademark exclusive period.
3. Renewal of registration announcement. Print the registration number, trademark, category, registrant and trademark exclusive period.
4. Announcement of change of registered trademark. Print the registration number, trademark, original registrant and changed name.
5. Transfer, cancellation, trademark licensing contract and other matters.
The objection period is within 3 months from the date of announcement. If you have different opinions on the contents of the announcement, you can raise an objection to the Trademark Office. A trademark that has been preliminarily examined and approved shall not be approved for registration if no objection is raised within the panic period or the objection is ruled to be unfounded.
Rejection and rejection of censorship
Where the trademark applied for registration fails to pass the substantive examination by the Trademark Office, the Trademark Office shall reject the applicant's application for registration and issue a notice of rejection to the trademark applicant or agency. The notice of trademark rejection shall specify the reasons for rejection and return it to the applicant or agency together with the relevant attachments of the trademark registration application.
After the rejection of a trademark application, if the applicant is not satisfied with the reasons for rejection, he may submit an application for rejection of trademark review to the Trademark Review and Adjudication Board within 15 days after receiving the rejection notice, together with the original application for trademark registration rejected by the Trademark Office, the rejection notice of the Trademark Office, the original trademark pattern 10, and the black and white ink draft 1 0, to apply for reexamination.
If the rejected trademark reexamination applicant cannot complete the application procedure within 15 days, he may apply for an extension of 30 days. The applicant shall fill in the Application for Extension within 15 days and submit it to the Trademark Review and Adjudication Board. If the reason is valid, it shall be extended. Objection and Objection Review Trademark Objection.
1. Trademark objection refers to the legal act of questioning the trademark preliminarily approved and announced by the Trademark Office within the statutory objection period. The reasons for the objection are generally as follows:
(1) The trademark preliminarily examined and approved is the same as or similar to the trademark registered or applied for earlier.
(2) that the preliminary examination and approval of a trademark violates the prohibitive provisions of the Trademark Law or other relevant provisions.
2. Examination of trademark objections.
Approval of registration and certification is the last legal procedure for trademark registration.
1. The application for trademark registration is approved within 3 months after preliminary examination and announcement by the Trademark Office.
2. After the announcement of preliminary examination and approval, if someone raises an objection, the Trademark Office will rule that the objection cannot be established, and the objector will approve the registration without applying for defense.
3. After the Trademark Office makes a ruling on the objection, but the objector or the objector refuses to accept the ruling and applies for reexamination, the Trademark Review and Adjudication Board shall make a final ruling and grant registration.