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What are the procedural provisions of the Trademark Law? What are the substantive provisions of the Trademark Law?
First, procedural clauses provide a mechanism and path for the application of substantive clauses to resolve disputes, while substantive clauses are specific clauses that have a substantial impact on dispute resolution, especially rights and obligations. Especially under the trademark law system, procedural provisions are more reflected in the relevant procedures initiated at different stages of trademark authorization and confirmation, while substantive provisions are the basis for directly judging the effectiveness of trademarks after the specific procedures are initiated. Therefore, the purpose of stipulating that "the malicious registration of well-known trademark owners is not limited by the five-year period" is whether the applicant can file a request for invalidation after the five-year period, and whether the Trademark Review and Adjudication Board needs to accept the application will not directly have a substantial impact on the determination of the trademark right status. Even if it constitutes a case that can be accepted for more than five years, it may not necessarily come to the conclusion that the disputed trademark should be declared invalid.

Second, the procedural provisions under the trademark law system are generally actively reviewed by the Trademark Review and Adjudication Board, while the substantive provisions, especially in accordance with the provisions of the first paragraph of Article 45 of the Trademark Law, are passively reviewed by the Trademark Review and Adjudication Board based on the application of the requesting subject, and the subjects initiated by the two are different. Specifically, if the applicant claims to be invalid after more than five years, the Trademark Review and Adjudication Board shall take the initiative to examine whether there is malice at the time of registration and whether it is the owner of a well-known trademark; The Trademark Review and Adjudication Board shall decide whether to declare the disputed trademark invalid according to the specific provisions of the Trademark Law after examining whether it has been more than five years.

Third, the procedural provisions under the trademark law system have an indirect impact on the effectiveness of the disputed trademark, that is, the applicant does not meet the qualification of being declared invalid for more than five years, which does not mean that the disputed trademark meets the specific provisions of the trademark law. The substantive provisions under the trademark law system have a direct impact on the effectiveness of the disputed trademark, that is, directly evaluate whether the disputed trademark conforms to the specific provisions of the trademark law.