What materials are required to apply for trademark cancellation?
After the Trademark Office receives the applicant’s cancellation application, the Trademark Office will notify the trademark registrant within the date of receipt of the notice. Provide evidence of use of the trademark within the above three-year period or justifiable reasons for non-use within three months. If evidence of use is not provided within the time limit or the evidence is invalid, the Trademark Office will revoke the registered trademark.
If you are dissatisfied with the Trademark Office’s cancellation decision, the trademark registrant may submit a review to the Trademark Review and Adjudication Board. The above-mentioned review of the time of suspension of use for three consecutive years is calculated forward three years from the date when the Trademark Office receives the application document for cancellation of a registered trademark that has not been used for three consecutive years.
Documents and materials that need to be provided:
First, "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney stamped with the applicant's seal. Applicants from outside mainland China who want to apply for cancellation of a registered trademark that has not been used for three consecutive years in China must entrust a trademark agency to do so.
Second, "Application for Cancellation of Non-Use of a Registered Trademark for Three Consecutive Three Years": If an agency is entrusted to apply for registration, it shall be prepared by the agency.
Third, a copy of the Trademark Announcement of the canceled registered trademark; and an explanation of the use of the canceled trademark.
2. Legal provisions on trademark cancellation
“Article 41 A registered trademark violates the provisions of Articles 10, 11 and 12 of this Law If the registration is obtained by deception or other improper means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.
Forty-fourth Anyone who uses a registered trademark according to the Article and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit:
(1) Changing the registered trademark on his own initiative;
(2) Changing the name, address or other registration information of the registered trademark on one's own initiative;
(3) Transferring the registered trademark on one's own initiative;
(4) Stopping use for three consecutive years. /p>