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What kinds of examination on trademark applications are adopted by the Trademark Office of China (CTMO) ?
From:chinatrademark.net Input_time:9/16/2009 7:39:41 AM 


CTMO adopts formality and substantive examination on the trademark applications.

The formality examination focuses on whether or not the filing documents comply with relevant provisions of the law and whether formalities are complete. If there is a need for correction in some unsubstantial aspects (such as the prints submitted are blur, specification of goods are not standard), the CTMO will issue a Notification for Correction to the applicant requiring the latter to make corrections within 30 days. Not duly making the correction required would result in lapse of the application.

The substantive examination will be conducted on both absolute and relative grounds of registration of a mark. In other words, the examination will be conducted to determine whether the mark is distinctive enough or is violating the forbidding Articles provided by the Trademark Law; and whether the mark conflicts with prior applications or registration of other marks. Those applications passing the substantive examination will be preliminarily approved and published, and those fail to pass the substantive examination will be totally or partially refused by the CTMO.

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