What is "substantive examination"?

The "substantive review" of a trademark registration application means that the National Trademark Office, in accordance with the provisions of the "Trademark Law" and the "Trademark Law Implementation Regulations", will review the trademark registration application that has passed the formal review based on its application date. The legality of the trademark registration shall be reviewed successively through search, analysis, comparison and necessary investigation and research to determine whether to grant preliminary approval or rejection. Substantive examination is a key step in determining whether the applied trademark will obtain the exclusive right to use the trademark.

What is the content of substantive examination?

The content of trademark substantive examination can usually be divided into two parts:

That is, the examination of the absolute conditions of the trademark and the examination of the relative conditions.

Absolute conditions

The review of absolute conditions is also called the review of the conditions of the trademark applied for registration. It includes the review of the absolute legality and distinctiveness of the trademark applied for registration;

Relative conditions

The examination of the relative conditions of an application for registered trademark is also called the examination of whether the trademark conflicts with prior rights.

The content of substantive examination mainly includes the following three aspects:

(1) The composition of words, graphics, letters, numbers, three-dimensional signs and color combinations used in the trademark applied for registration Whether the elements violate the prohibited provisions of the Trademark Law, that is, the provisions of Articles 10 and 11 of the Trademark Law;

(2) Whether the trademark applied for registration meets the legal conditions, that is, the trademark used Whether words, graphics, letters, numbers, three-dimensional logos and color combinations are distinctive;

(3) Whether the trademark applied for registration conflicts with other people’s previously applied and registered trademark rights.

The review of the prohibited clauses in item (1) and the distinctiveness of item (2) above are the review of the legality of the trademark, that is, the review of whether the trademark applied for registration violates the Trademark Law. Prohibitive provisions, also known as the review of "absolute grounds" for prohibiting trademark registration.

If the trademark applied for registration violates the prohibited provisions of trademark regulations and is not distinctive, the substantive examination stage of trademark registration will be rejected. The review of whether item (3) above conflicts with the prior rights of others is also called the review of “relative reasons” for prohibiting trademark registration. That is to say, if the trademark applied for registration conflicts with the trademark rights previously applied and registered by others, it will also be rejected during the substantive examination stage.