How to deal with a trademark that has not been used for three years? Three years after the trademark application expires, some companies can usually receive a third-party application from the Trademark Office to cancel a trademark that has not been used for three years, and notify the trademark owner to provide evidence of trademark use within the required period.

The key point is based on Article 49 of the Trademark Law: If this trademark becomes the common name of a product approved for use or has not been used for three consecutive years, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If extension is necessary under special circumstances, it may be extended for three months with the approval of the industrial and commercial administration department of the State Council.

If the trademark owner fails to provide relevant application evidence within the prescribed time limit or the defense is unsuccessful, he will lose the exclusive right to the trademark.

How to deal with a trademark that has not been used for three years can be divided into two situations:

(1) The trademark is not fully used in the specific process, and the trademark should be kept in the sale of goods. Advertisement The evidence being promoted and the evidence contained should be used to defend the trademark withdrawal.

(2) If the trademark is mentioned by a third party for cancellation and prepares its own registration application, the trademark in a sense indicates that the trademark has the value of hidden application. After the trademark defense is successful, the trademark can be patented or licensed.

So how to deal with a cancellation application for someone else’s trademark that has not been used for three years?

You can defend your trademark three times by yourself, or you can entrust a trademark attorney to do it. Preparation materials: 1. Defense application; 2. Defense text (with official seal); 3. The business license of the enterprise shall be stamped with the official seal 4. Letter of attorney; 5. "Notice on Providing Evidence of Use of Registered Trademarks" and envelope; 6. List of evidence of use of registered trademarks and evidence materials.