After the trademark enters the substantive examination stage, the following four contents are mainly examined:

01

Whether the trademark has legal constituent elements

Based on The Trademark Law stipulates that the constituent elements of a trademark are text, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements.

02

Whether the trademark is distinctive

The "Trademark Law" stipulates that the trademark applied for registration should have distinctive features and be easy to identify. The following words and graphics do not have trademark distinctiveness:

1. The common name of this product, graphics and signs that directly describe the characteristics of this product;

2. Too simple or Complex words, graphics, letters, numbers, three-dimensional logos, color combinations, or combinations of the above elements;

3. The components of the trademark cannot form a whole text, graphics, letters, numbers, three-dimensional logos , color combinations, or a combination of the above.

03

Whether the trademark conflicts with the prior rights of others

1. The trademark must not conflict with a registered trademark. If a trademark is identical or similar to an earlier trademark registered by others, it may easily cause confusion. In order to protect the exclusive right to use a trademark, a trademark that is identical or similar to an earlier trademark cannot be approved for registration.

2. The trademark must not conflict with the trademark in the preliminary announcement. Trademarks announced in the preliminary examination enjoy the right to apply first and are protected by law. If the newly applied trademark is identical or similar to the trademark in the preliminary examination announcement, the Trademark Office will reject the new trademark application in accordance with the law.

3. The trademark must not conflict with the trade name. Trade name right is an industrial property right that is confirmed by the industrial and commercial administrative authorities and protected in accordance with the law in accordance with relevant laws and regulations. If a newly registered trademark is the same as another person’s trade name, it is very easy to cause confusion in economic activities. Therefore, it is difficult to get approval for registration of a trademark that is the same as someone else’s trade name.

4. Trademarks must not conflict with appearance patent rights and copyrights. Appearance patent rights and copyrights are protected by the Intellectual Property Law. If the words and graphics of a newly applied trademark imitate or plagiarize the decoration, design or other literary and artistic works of other people's goods and infringe the copyright or patent rights of others, they cannot approved for registration.

5. Trademarks must not conflict with citizenship rights. The right to citizenship is protected by law. Without the consent of the individual, no other person's portrait, name, stage name, or pen name may be used as a trademark.

04

Whether the trademark violates the "registration prohibition" provisions

Article 10 of the "Trademark Law" stipulates that the following signs shall not be registered as trademarks:

1. Signs that are the same as or similar to the signs of countries, intergovernmental international organizations, etc.;

2. Texts and graphics that are likely to have adverse effects;

3. Above the county level Names of administrative divisions and foreign place names known to the public.

This time everyone knows how the Trademark Office conducts substantive examination. Based on these four aspects, you can check one by one whether the trademark you applied for complies with the relevant regulations. I hope the answer to the trademark query on Social Standard Network can help you. . .