What does trademark substantive review mean? Do you have any knowledge? Let’s take a look at what the editor has brought to you below. What does trademark substantive review mean? There may be something you need. . What does trademark substantive examination refer to?

Trademark substantive examination is the examination, data retrieval, analysis and comparison, investigation and research conducted by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law and decides to give preliminary approval. or reject the application and a series of other activities. What are the contents of the substantive examination of a trademark?

The substantive examination in trademark registration is the key to determining whether the applicant's trademark can be granted exclusive rights. The substantive review of a trademark registration application is conducted from five aspects:

(1) Whether the trademark has statutory constituent elements

Article 8 of my country’s Trademark Law stipulates the composition of a trademark Elements, that is, a trademark should consist of a combination of words, graphics, letters, numbers, three-dimensional logos and colors, as well as combinations of the above elements.

(2) Whether the trademark violates the prohibition clause, that is, whether the trademark applied for registration violates Articles 10, 11, 12, 13 and Article 13 of my country’s Trademark Law The trademark prohibition clauses stipulated in Article 16 and other circumstances stipulated by laws and regulations cannot be registered and/or used as a trademark.

(3) Examine whether the trademark complies with Article 9 of my country’s Trademark Law: the trademark applied for registration should have distinctive features.

(4) Examine whether the trademark is identical or similar to someone else’s previously registered or preliminarily approved and announced trademark; whether it infringes upon others’ legitimate prior rights.

(5) Examine whether the trademark is identical or similar to someone else’s trademark that has expired but has not expired for more than one year.

During the review of a trademark registration application, if the trademark registration applicant discovers that there are obvious errors in the trademark application documents, he or she may apply for correction. The Trademark Office may also make corrections within the scope of its powers in accordance with the law and notify the applicant. This kind of correction does not involve the substantive content of the trademark application document, such as the name of the trademark registration applicant, the words, graphics, colors used in the trademark, etc. What should you pay attention to when applying for trademark registration?

There are many things that need to be paid attention to during the trademark registration application process, and the agent will give specific guidance. However, there are some issues that must be considered and grasped by the applicants themselves. Here are some reminders to attract the attention of the applicants.

1. Pay attention to the trademark search before application

Trademark search is an important task. Only through search can we understand the status of prior rights and reduce the rejection rate of applications. At present, there are more than one million registered trademarks in my country, especially for clothing, electronic products, food and other goods. The number of registered trademarks is huge, so it is very easy to apply for registration of the same or similar trademarks on the same or similar goods. According to data, before the trademark search business was launched, the rejection rate of applications was about 40%, and after the search business was launched, the rejection rate was only 11.3%.

However, some companies do not pay attention to the trademark search work, thinking that the trademark is their own original creation and will not be the same or similar to other people’s trademarks. As a result, the application is rejected, which not only costs more money, but also delays the time. It even affects production.

It is also important to note that after a trademark search, it does not mean that it will be 100% approved for registration, because currently only the word trademark search business is carried out, and the results of the search are only a reflection of the word trademark information four months ago. The situation of prior rights within the company cannot be grasped. In addition, our country has a vast territory, and it is very likely that applicants from different regions across the country will apply for the same or similar trademarks in the same category on the same day. Therefore, the trademark search results are for reference only and have no legal effect.

2. Improve self-protection awareness

An enterprise's trademark self-protection awareness is reflected in two aspects: trademark registration and use management. Here we only talk about the protection awareness that should be possessed in registration.

① Apply for registration in time. Article 18 of the Trademark Law stipulates the first-to-file principle. However, some companies lack the awareness of trademark registration. As a result, their original trademarks that have been used for many years are registered by others, causing economic losses.

② Be good at weaving a solid protective net. When your brand is somewhat famous, some people, driven by economic interests, will use similar trademarks on similar products. In order to effectively prevent others from infringing, it is necessary to scientifically weave a solid protection network. On the one hand, you can apply to register some similar trademarks around your main trademark.

For example, Dada Bubble Gum has successively applied for registration of eight series of trademarks, including Tiantian Tian Tian, ??Cai Da Da, Da Da Da, Super Da Da, and Xing Da Da, effectively protecting Dada Bubble Gum. On the other hand, if the business scope permits, you can apply for registration in an expanded category and implement multi-faceted protection. For example, the company applied for the registration of the trademark "Qimeng" mainly for cleaning supplies and cosmetics in categories 3, 5, 9, 16, 18, and 25. It also applied to register the trademark "Qimeng". , ?Qimeng?, ?Qihuang?, ?Qiwang? and other similar trademarks form a protective net.

3. Design a good trademark

Trademark design involves many fields, and several elements usually need to be grasped:

① The trademark must be distinctive. The more distinctive a trademark is, the more impressive it will be on consumers. For example, a trademark consisting of a simple geometric figure or an overly complex figure cannot create a sensory impression; another example is a trademark consisting of only one or two letters in a common font, because the number of letters is limited and it is not suitable to be monopolized by one company; Such as common titles, etc., these lack distinctiveness and do not have the identification function of trademarks.

②Trademark design must comply with legal requirements and cannot use prohibited words and graphics stipulated in Article 8 of the Trademark Law.

③Trademark design should change the tendency of focusing on realism, and advocate the use of more original words or graphics without specific meanings as trademarks. Such as "Langqi", "COLGATE", etc. These trademarks are original and distinctive and are easy to be registered.

④Trademark design should take into account the customs and habits of different countries, regions, and ethnic groups, conform to the psychology of consumers, and prevent the occurrence of negative cultural influences.

⑤The trademark design must be artistic. The designed trademark should be easy to read, see, remember, simple and clear, and give people a sense of beauty.

4. Use and publicize the trademark in the registration application with caution and moderation

The application for trademark registration does not equal the determination of the exclusive right to use the trademark. Therefore, the use and promotion of the trademark under application should be used with caution and moderation.

① When using, do not mark the registration mark, that is, ?⑩?, ?@?, ?Registered Trademark?, otherwise it will be considered as passing off a registered trademark. According to Article 32 of the "Trademark Law Implementing Rules", A fine of up to 20% of the illegal business turnover may be imposed.

② Do not print too many outer packaging items and do not invest too much in advertising to avoid economic losses due to problems in confirming rights.

5. Declare trademarks and fill in product names scientifically

① Whether to declare a combination trademark or a single trademark depends on the goods on which the trademark is used. If the trademark is used on a large commodity, a combined trademark is necessary; if the trademark is used on clothing, shoes, belt buckles, etc., the combined trademark may not be beautiful enough. Of course, it is better to apply for a single trademark.

In addition, whether to apply for a combination trademark or a single trademark has its own pros and cons:

From a cost point of view, the current practice is to charge one mark per category, that is, a graphic, Chinese, If a trademark with a combination of foreign languages ??is applied for in one category, only one application fee will be charged. If the three are separated and applied for in one category, the fees for three applications will be charged.

From the perspective of the difficulty of approval, a single trademark is easy to approve, but it is difficult to avoid that a part of a combination trademark is similar to a trademark previously applied for by others on similar goods, so it will be rejected during the examination. A large number of corrections are returned, which often delays the approval time.

② Filling in the product name is an important task and should be carried out under the guidance of professionals: First of all, the product name must not cross categories and must be standardized and specific. Secondly, products must be carefully selected so as to be protected across the entire category. In order for a general trademark to be protected in all categories, the declared products must be carefully selected from each group of the category, and each group should be focused on reporting one or several products that are suitable for them. Thirdly, when filling in the quantity of goods, expenses must be considered. Currently, there is a stipulation on extra charges for application fees, that is, one application is limited to 10 goods/services, and an additional 100 yuan will be charged for each more than one. Therefore, it is recommended that each application strive to report 10 goods/services, even if there are currently no goods/services. Goods/services can also be reported. As for whether to apply for an excess declaration, it should be considered based on the situation and whether all categories are protected.

The above is what the editor has provided for you. What does trademark substantive examination mean? I hope you will like it!