Legal analysis: The substantive examination of trademarks is governed by the Trademark Law of the Trademark Office. The "Regulations on the Implementation of the Trademark Law" and other relevant regulations stipulate that for trademark registration applications that have been decided to be accepted after formal review, the words, graphics, letters, numbers, three-dimensional signs, color combinations or the above elements that constitute the trademark shall be determined in order of their application dates. Can the Portfolio grant preliminary approval and announce the review conducted. The substantive examination mainly includes two aspects. On the one hand, it is to determine whether the applied trademark falls under the circumstances that prohibit use or registration as a trademark in Articles 10, 11, 12, 16 and other provisions of the Trademark Law. The examination (the so-called "examination of prohibitive provisions"), on the other hand, is to examine whether the applied trademark is identical or similar to another's trademark that has been registered or preliminarily approved or applied for in the same or similar goods (or services). For review (the so-called "review of prior trademark rights"), the provisions of Articles 28 and 29 of the Trademark Law shall apply. The process of "review of prohibitive provisions" is actually the understanding and application of relevant legal provisions. The process of "review of prior trademark rights" is to determine whether the trademarks designated on the same or similar goods (or services) are identical or similar. Determination of trademarks. Because the aforementioned provisions of the Trademark Law are only principle provisions on the basis for trademark examination, in the examination practice, it is impossible to carry out substantive examination based on these principle provisions alone.

Legal basis: "Trademark Law of the People's Republic of China"

Article 10 The following signs shall not be used as trademarks:

(1) Same as China The name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China are the same as or similar to those of the People's Republic of China, as well as the names, signs of central state organs, the names of specific places where they are located, or landmark buildings. The names and graphics are the same;

(2) The same or similar names, national flags, national emblems, military flags, etc. of foreign countries, except with the consent of the government of that country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public; The official signs and inspection marks are the same or similar, except those authorized;

(5) The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;

(6) It is ethnically discriminatory;

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;

(8) Harmful to socialist morals or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) ) only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.

Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.