1、 Formal Examination

Time:1-3 months after submitting the application

Review focus:

1. Integrity of application documents

Check if the applicant's information, trademark design, and goods/services classification (Nice classification) are complete.

Verify whether the declaration documents corresponding to the usage basis (actual use/intended use) (such as usage evidence, SOU declaration) are compliant.

2. Payment of fees

Check if the official fees have been fully paid

3. Trademark Admissibility

Preliminary exclusion of obviously unregistered symbols (such as generic names, national flags, and other prohibited elements).

4. Result processing:

Passed: Entered the substantive examination stage.

Office Action: If the file is missing or has formatting errors, a response must be given within 6 months, otherwise it will be considered as a waiver of the application.

2、 Substantive Examination

Time: 6-9 months after the formal review is approved

Review focus:

1. Distinctiveness

Determine whether the trademark has inherent distinctiveness (such as "KODAK") or obtains a secondary meaning through use (such as "APPLE" for computers).

2. Likelihood of Confusion

Compare the existing registered trademark database (TESS) to examine whether it is similar to the prior trademark in terms of sound, form, meaning, and commodity category (using DuPont factor testing method).

3. Disable clause review

Prohibited registration includes elements such as country names, derogatory content, celebrity names, etc. (15 USC § 1052).

4. Authenticity of evidence used

Conduct a reasonableness check on evidence submitted based on 'already used', such as product images and sales records.

5. Result processing:

Notice of Publication:The trademark enters a 30 day announcement period and accepts public objections.

Office Action:About 40% of applications will receive review comments and require a response within 6 months. Common questions include:

The product description is too broad (limited to specific items such as "IC 025: Clothing, named T-shirts");

The clarity of the trademark design is insufficient (high-resolution JPG files need to be submitted);

Insufficient evidence for use (sales records with timestamps need to be supplemented).

3、 Accelerated review channel (optional)

Condition:Pay an additional fee of $150 per category and promise to complete the review within 6 months.

effect:

Shorten the formal review to 2 weeks;

The substantive review will be compressed to 3-4 months (with the need for quick response to review opinions).

4、 Example of Full Process Timeline

5、 Common risks of extending review time

1. The product description is vague

The use of open-ended expressions such as "including but not limited to" and "etc." can easily lead to requests for refinement (with an average delay of 2 months).

2. Trademark contains descriptive vocabulary

If "Fast Delivery" is used for logistics services, additional evidence of significant use needs to be submitted (delay of 3-6 months).

3. Failure to respond promptly to review comments

Failure to respond for more than 6 months will result in the invalidation of the application. Restoration requires submission of a petition and payment of fees

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