The substantive examination of trademark registration application means that the Trademark Office, in accordance with the Trademark Law, the Regulations for the Implementation of the Trademark Law and other relevant provisions, examines the legality of the substantive elements of trademark registration applications that have been formally examined and accepted in the order of their application dates through retrieval, analysis, comparison and necessary investigation and study to determine whether they are true or not. Substantive examination is the key link to decide whether to obtain the exclusive right to use a trademark when applying for a trademark.
Legal basis: Trademark Law of People's Republic of China (PRC).
Article 28 The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration, and if it meets the relevant provisions of this Law, make a preliminary examination and approval announcement.
Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may request the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.
Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same kind of goods or similar goods, the Trademark Office shall reject the application without making an announcement.