General review process
1. Contents of review: including formal review and substantive review, including relative rejection reason review and absolute rejection reason review. The so-called substantive examination is to carry out actual investigation on whether it has distinguishability and similarity with previously existing trademarks.
2. Modification: carried out at any time after applying for trademark registration. Applicants and trademark owners can modify goods or services by filing an amendment letter as per the Trademark Rules, 2002. The modification of the trademark must be carried out within the scope of not substantially changing the original trademark.
3. Responding to rejection of registration application:
(1) Response measures must be taken within one month after receiving the letter of reasons for rejection.
(2) In response to the rejection by the examining officer, a written statement may be submitted. The written instructions do not require the signature of the parties involved.
(3) In the case of consent, it is enough to respond based on the previous trademark owner or multiple rights owners receiving a "no rejection" document.
(4) In the "non-rejection document", it needs to be clearly stated that the previous trademark owner or the current trademark owner has no objection to the registration of the trademark.
(5) In order to avoid the review officer from rejecting the application again, you can waive some of your rights. The announcement will be made immediately after obtaining permission
4. Objection to trademark registration: A third party can file an objection within 3 months (can be extended by 1 month) after the announcement of the trademark registration application is published.
5.? The principle of determining priority when registering a trademark: follow the first-to-user principle, that is, the first-to-user has priority in having trademark rights.
6. Can be partially approved or partially rejected during the examination process: According to the provisions of this law, during the examination stage, the examining officer may request the applicant to give up part of the trademark rights, and the judge may also make this request during the trial stage. .