Formal examination: It is an examination when you submit a trademark application. At this time, the Trademark Office mainly checks whether the materials you submitted are complete and whether the fees have been paid, etc. Substantive examination: It is a comprehensive and comprehensive examination of the trademark. At this time, it will be examined whether the trademark violates the prohibited provisions of the Trademark Law/whether it is similar to an earlier trademark, etc. The formal examination is conducted when you submit the application, while the substantive examination is generally conducted within one and a half to two years after you file the trademark application.

Legal Analysis

1. Different methods 1. Formal review: After the Trademark Office receives the trademark registration application, the first thing it does is a formal review. 2. Substantive examination: refers to the examination conducted by the National Patent Office on the novelty, creativity, practicality and other substantive contents of the invention applied for patent. 2. Different contents 1. Formal review: review of the application documents (whether the documents are complete, whether the filling is standardized, whether signatures/seals are missing), review of the specifications, clarity and necessary explanations of the trademark drawings, and classification review (whether the filled-in application is complete) review of goods/services). 2. Substantive examination: It is a series of activities carried out by the trademark registration authority to check whether the trademark registration application complies with the provisions of the Trademark Law, data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application. 3. Different characteristics 1. Formal review: It mainly examines whether the applicant has the subject qualifications to apply for a registered trademark and whether the goods designated for protection by the applicant's trademark application comply with legal regulations. 2. Substantive examination: Substantive examination can be carried out on the applicant's application according to the applicant's request at any time; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

Legal Basis

Article 29 of the "Trademark Law of the People's Republic of China" If during the review process, the Trademark Office believes that the content of the trademark registration application needs to be explained or revised, The applicant may be asked to make clarifications or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.