1. Positive answer
The review of trademark registration is mainly to review the distinctiveness of the trademark. The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others. The examination of registered trademarks is mainly conducted by examiners appointed by the Trademark Office. It is procedurally divided into two stages: formal examination and substantive examination. The content of the examination at each stage is different, including formal examination and substantive examination.
2. Analysis details
Trademark review refers to the inspection, data retrieval, analysis and comparison, investigation and research conducted by the Trademark Office to determine whether the trademark registration application complies with the provisions of the Trademark Law and determines whether A series of activities including preliminary review or rejection of the application. The trademark registration review cycle in my country will be shortened to 6 months before the end of 2018, and to less than 4 months by 2020. The review of the absolute grounds for refusing trademark registration is to review whether the applied trademark violates prohibited terms and whether it has distinctive features. The review of the relative reasons for refusing trademark registration is to review whether the applied trademark conflicts with prior rights, so it is also called novelty review.
3. What is the review process for registered trademarks?
1. The trademark file inquiry is handled by the Archives Department of the Trademark Office;
2. The public security court, procuratorate, national security, discipline inspection and supervision, auditing agencies and other departments search for trademark files, and the inquiry personnel They should present their valid certificates and submit relevant official letters;
3. Law firms or trademark agencies are entrusted by the parties to inquire about the parties’ own trademark files. The inquiry personnel should present their valid certificates and submit the entrustment of the parties. letter, valid identification and a letter of introduction from a law firm or trademark agency;
4. Law firms or trademark agencies acting as agents for litigation activities can inquire about the archives of the trademark involved, and the inquiry personnel should present their Valid certificates and submit relevant certificates from the court, power of attorney from the parties, and letters of introduction from law firms or trademark agencies;
5. When a trademark registrant inquires about his own trademark file, the inquiry personnel should present his valid certificates , if the registrant is a unit, a letter of introduction from the unit and a copy of the business license stamped with the official seal should be submitted;
6. Law firms or trademark agencies and trademark registrants need to obtain trademark files for document appraisal. In addition to the above procedures, the appraiser should also submit a letter of introduction from the appraisal agency.