The substantive examination and formal examination of trademark registration are two different stages in the trademark registration application process. The main differences are as follows:

Formal examination:

Formal examination Review is the first step in a trademark registration application and aims to check the completeness of the application documents and compliance with the prescribed format requirements. During the formal review, the trademark registration agency will carefully check whether the application documents contain necessary information, such as trademark application forms, trademark drawings, descriptions of goods or services, application fees, etc. The purpose of the formal review is to ensure the completeness and standardization of the application documents so that they can proceed to the next stage of substantive review.

Substantive examination:

Substantial examination is the core part of a trademark registration application and is designed to evaluate whether a trademark meets the registration conditions. During the substantive examination, the trademark registration agency will conduct a detailed evaluation of the trademark, including the following aspects: Uniqueness: Evaluate whether the trademark is unique and can be significantly different from existing trademarks. Distinctiveness: Evaluates whether a mark is sufficiently distinguishable to enable consumers to distinguish it from other marks. Conflict Check: Compares the trademark to existing trademarks for conflicts, including similarity and degree of potential confusion. Prohibited registration marks: Check whether the trademark contains prohibited registration marks stipulated by law, such as involving fraud, impersonation, violating public order or infringing the rights of others.

The purpose of substantive examination is to ensure the uniqueness, protectability and compliance of the trademark with relevant trademark laws and regulations. If a trademark is deemed ineligible for registration during substantive examination, the trademark registration agency may issue an examination opinion or refuse registration.

In summary, formal review mainly focuses on the completeness and standardization of the application documents, while substantive review focuses on the uniqueness, distinguishability and compliance with registration conditions of the trademark itself.

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