1. Registration process, cycle and method The successful registration of a Chinese trademark application is roughly divided into 5 stages, namely: ① Application acceptance stage ② Formal examination stage ③ Substantive examination stage ④ Preliminary approval and announcement stage (also known as " Objection Announcement Stage" ⑤ Approved Registration Announcement Stage. Time: When a trademark is successfully registered in China, it usually takes nearly a year from the date of submission of application to obtaining the trademark registration certificate. Method: Single country, Madrid system registration principles: Directly submitting an application for registration of a U.S. trademark is roughly divided into four stages, namely: ① Application acceptance stage ② Review stage ③ Opposition review stage ④ Registration approval stage Time: A trademark is successfully registered in the United States, from the date of application submission to the time when the trademark is obtained The registration certificate will probably take about a year. Method: Single country, Madrid system registration principles: ① The trademark has been used: the trademark has been used in the U.S. market ② The trademark is intended to be used: the trademark applicant intends to use it in the U.S. market ③ Based on Domestic registration: The trademark applicant has registered a trademark in China. 2. Examination form China trademark examination: mainly includes formal examination and substantive examination. ① Formal examination: The format examination of the trademark application and power of attorney will be carried out after passing the examination. Issuing a notice of acceptance ② Substantive review: Review of the reasons for trademark application (such as lack of distinctiveness) and review of related reasons (ie, review of identical or similar marks). After the review meets legal requirements, the preliminary approval announcement will be approved and the objection will be entered. Announcement period. Note: There are no clear formal examination and substantive examination stages in US trademark review. After the applicant submits the application, the official will review the format of the application document, whether there are illegal reasons and relative reasons. After the regulations are stipulated, the objection announcement period will enter. 3. Review of trademark registration elements ① Review of foreign words The China Trademark Office: The review requirements for foreign language trademarks are not high. Usually, it only needs to point out the Chinese meaning of the foreign language or explain that the foreign language has no meaning as a whole. That’s it. United States: The review of trademarks with non-Latin letters is very strict. Not only the pronunciation of each word must be explained, but also the English meaning of each word must be explained. ② For review of graphic trademarks, China: No trademark registration is required when submitting graphic trademarks. For a detailed description of the graphic part, you only need to state in the application that it is a "graphic". United States: The examiner is likely to require the applicant to specify the shape and composition of the graphic. ③ For color, sound, and smell trademarks. Review China: According to the existing Chinese Trademark Law, single color, sound, and smell trademarks cannot be protected in China. United States: Applications for single color, sound, and smell trademarks are accepted. Note: In China, "grey" trademarks are included. "can be protected as a black and white trademark. In the United States, "gray" is considered to be colored. Unless the gray part is just the shadow of the trademark, the official does not recognize it as a black trademark. 4. Remedy procedures after the trademark is rejected Different from China: If the application is rejected, the applicant may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the rejection notice. If the applicant is not satisfied with the rejection review decision of the Trademark Review and Adjudication Board, the applicant may apply for review from the date of receipt of the decision. File a lawsuit with the Beijing Intermediate People's Court within 30 days. None of the above time limits can be extended. United States: After a trademark is rejected, within 6 months from the date of mailing of the examination opinion, if the applicant is dissatisfied with the rejection decision, he must submit a rejection review application to the same examiner of the US Patent and Trademark Office. Before the expiration of this period, the applicant can apply for a 6-month extension at any time to respond to the official. If the applicant's grounds for reexamination cannot be supported by the examiner and the applicant is still dissatisfied, he or she may appeal to the U.S. Trademark Trial and Trial Board TTAB. It is important to note, however, that this proceeding is not a litigation proceeding. 5. The opposition procedure is different in China: The trademark opposition procedure is relatively simple. After the trademark is initially approved, there is a 30-day opposition period, which cannot be extended. After the opponent submits a letter of objection and the respondent submits a letter of defense, the Trademark Office will make a ruling on the objection. If the party concerned is dissatisfied with the objection ruling, he or she may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the objection ruling. If you are dissatisfied with the review, you can file an administrative lawsuit with the court. If the opposed party fails to submit an objection reply within the prescribed time limit, the Trademark Office will make a ruling ex officio. United States: After a trademark is reviewed and passed, there is also a 30-day opposition announcement period, but this period can be extended upon request. The objection procedure is very complicated and is known as a "small lawsuit". It is usually divided into 4 stages: The stage is the stage where the respondent submits the objection and defense, which lasts for 40 days.
The second stage is the questioning stage of both parties, which lasts for 180 days. The third stage is the cross-examination stage of both parties, which lasts for 75 days. The fourth stage is the judge’s trial and ruling stage. Opposition cases in the United States are reviewed by a specialized review body, the United States Appellate Trial Board. It is worth noting that once the objection procedure begins, if either party fails to take corresponding actions within the time limit specified by law without any valid reasons, the U.S. Appellate Trial Committee will regard the party as automatically giving up the application or objection.