Whether the trademark can be used while waiting for substantive examination is as follows:

The trademark has passed the formal examination and is waiting for substantive examination. After the Patent Administration Department of the State Council receives an invention patent application and determines that it meets the requirements of the Patent Law after preliminary examination, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.

Trademark registration process:

1. The parties submit application materials in accordance with relevant regulations;

2. The Trademark Office will start from the date of receipt of the trademark registration application documents. A preliminary review will be conducted within three months, and if the requirements are met, a preliminary review announcement will be made;

3. Within three months from the date of the preliminary review announcement, if there is no objection at the expiration of the announcement period, the registration will be approved and the trademark will be issued. Registration certificate and be announced.

In summary, trademark use can be used as long as it does not infringe the exclusive rights of others to trademark. Do not use registered trademarks.

Legal basis:

Article 35 of the Patent Law

Within three years from the date of application for an invention patent, the patent administration department of the State Council may If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.