Trademark objection and substantive examination are subject to the following three aspects of the constraints:
On an objective basis, the main content of the review is to determine whether the applicant's trademark is in conflict with the trademark previously filed or previously applied. Whether the trademark is the same or similar to the trademark on the same or similar product.This is technically dependent on trademark registration and management automation systems.The automated system incorporated all the previous Trademarks into the database, and the reviewers searched the database by running a review process to compare and apply the trademark with the previously accepted trademark.But there are two flaws in this way:
1.There may be an error in the information recorded by the database.Because the establishment of the database is done through manual labor, the database records millions of trademark information, there are errors in the inevitable;
2.The review procedure itself can not retrieve all the same or similar trademarks. The same or similar trademark is extremely complicated. Although the design of the review procedure considers the same or similar type of trademark as fully as possible, it is obviously not exhaustive.
In the subjective context, due to the existence of individual differences in terms of professional scope, knowledge and work experience, the review is bound to be influenced by subjective factors. For the same type of case, different examiners may yield the opposite judgment.
The substantive examination of the trademark office is only carried out according to the materials provided by the applicant for trademark registration, and it can only be judged whether the trademark is in violation of the prohibition clause and whether it is in conflict with the previous trademark.As for those who apply for trademark damage, in addition to the previous trademark rights other than the previous rights and improper means to apply for registration of others have been used and have some impact on the trademark and other issues, it is difficult through the substantive review to solve this problem.
The substantive examination of the trademark office is unable to ensure that all the preliminary trademarks are in full conformity with the legal requirements. Through the trademark objection procedure, we can make a further examination of the objection trademark, and identify the trademark which is not in conformity with the law and not be registered. Therefore, trademark objection is an effective supplement to the substantive examination of Trademark Office.