Substantive Examination

Substantive examination of a trademark is the process by which the trademark office evaluates the trademark's registrability based on the substantive legal requirements. Unlike the formal examination, which checks the application's completeness and accuracy, substantive examination considers the trademark's registrability based on factors such as distinctiveness, similarity to existing trademarks, and other legal requirements.

During the substantive examination, the trademark office will review the application to ensure that the trademark meets the legal requirements for registration. For example, the trademark office will evaluate whether the trademark is distinctive, meaning that it is capable of identifying the source of the goods or services associated with the trademark. The trademark office will also assess whether the trademark is confusingly similar to existing trademarks, whether it is descriptive or generic, and whether it violates any legal prohibitions, such as being scandalous or contrary to public policy.