Do the Trademark Office’s Examination Department and Review Department apply different standards when assessing trademark applications?
The Examination Department issues decisions refusing trademark registration, while requests for review of those refusals are considered by the Review Department. Both apply the Trademark Law, its implementing regulations and the Standards for Trademark Examination and Review, but their procedures differ in practice.
Examination is mainly conducted by an individual examiner, whereas review is conducted by a panel using majority voting. Trademark assessment involves an element of judgment, so different examiners may reach different conclusions.
At the time of this article, the examination period had been reduced to four months. Within that short period, the Examination Department prioritizes efficiency and generally assesses similarity between marks and between goods or services strictly under the examination standards and the Classification of Similar Goods and Services. Examiners have only the basic application documents and cannot fully consider other special circumstances.
At the review stage, applicants may submit more detailed supporting material, including the history, originality and actual use of the mark. This allows a more comprehensive assessment. Because the procedures, evidence and assessments may differ, an applicant may be able to overcome a refusal through review.
