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

Formal review:

Formal examination is the first step of trademark registration application, which aims to check the integrity of the application documents and whether they meet the prescribed format requirements. In the formal examination, the trademark registration agency will carefully check whether the application documents contain necessary information, such as trademark application form, trademark pattern, description of goods or services, application fee, etc. The purpose of formal examination is to ensure the integrity and standardization of application documents, so as to enter the next stage of substantive examination.

Substantive review:

Substantive examination is the core link of trademark registration application, aiming at evaluating whether a trademark meets the registration conditions. In the substantive examination, the trademark registration agency will make a detailed evaluation of the trademark, including the following aspects:

Uniqueness: evaluate whether a trademark is unique and can be obviously different from existing trademarks. Identifiability: Assess whether a trademark is sufficiently recognizable so that consumers can distinguish it from other trademarks. Conflict check: compare whether there are conflicts between trademarks and existing trademarks, including similarity and possible confusion. Prohibited signs: check whether the trademark contains prohibited signs stipulated by law, such as fraud, fraudulent use, violation of public order and good customs or infringement of the rights and interests of others. The purpose of substantive examination is to ensure uniqueness, protectability and compliance with relevant trademark laws and regulations. If it is considered that it does not meet the registration requirements in the substantive examination, the trademark registration authority may put forward examination opinions or refuse to register it.

To sum up, the formal examination mainly focuses on the integrity and standardization of the application documents, while the substantive examination focuses on the uniqueness, identifiability and conformity of the trademark itself.

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