The legal provisions of the substantive examination of trademarks are as follows: The substantive examination of trademarks refers to the process that the Trademark Office of the State Council Administration for Industry and Commerce examines the rationality and legality of the contents of the trademark registration application submitted by the applicant according to law.

legal ground

Article 29 of the Trademark Law of People's Republic of China (PRC)

In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may require the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.

Article 30

Where the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make an announcement.

Article 31

Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

Article 32

The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.