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What is the trademark cancellation process?

1. What is the process of trademark cancellation? There are three different procedures for canceling a registered trademark: (1) If a trademark registrant applies to cancel his registered trademark, he should follow the provisions of Article 46 of the "Regulations on the Implementation of the Trademark Law" According to the provisions of Article 1, an application may be submitted to the Trademark Office to cancel a registered trademark, either as a whole or as part of specified goods or services. After the cancellation application is approved by the Trademark Office, the exclusive right to use the registered trademark or the validity of the exclusive right to use the registered trademark on some designated goods shall terminate from the date of the cancellation application. (2) According to the provisions of Article 47 of the "Regulations for the Implementation of the Trademark Law", if the registrant has died or terminated for more than one year and has not completed the trademark transfer procedures, anyone can apply to the Trademark Office to cancel the trademark. When applying to the Trademark Office for cancellation of a trademark, evidence of the death or termination of the trademark registrant must be submitted. For a registered trademark that has been canceled with the approval of the Trademark Office, its exclusive right shall terminate from the date of death or termination of the trademark registrant. (3) According to Article 38 of the "Regulations for the Implementation of the Trademark Law", if a registered trademark has expired and no renewal application has been submitted within the extension period prescribed by law, the trademark will be cancelled. This is a cancellation action made by the Trademark Office in view of the fact that the registered trademark has expired. No application is required. The validity of the exclusive right to use the registered trademark will terminate from the day after the expiration date. 2. Acceptance and review (1) Acceptance of cancellation applications Applicants can go directly to the Trademark Office of the State Administration for Industry and Commerce to apply for cancellation, or they can entrust an agency to handle the cancellation application. According to Article 18 of the Trademark Law, foreigners or foreign enterprises should entrust a state-recognized organization with trademark agency qualifications to act as their agent. There is no need to pay any trademark fees for cancellation application. If a registrant applies to cancel his registered trademark or part of his designated goods, he should submit the following documents: 1: Cancellation application; 2: If applied directly, a copy of the applicant's valid identity document and a copy of the handler's identity card should be attached. 3. If an agency is entrusted to handle the application, in addition to a copy of the applicant's valid identity document, a power of attorney for trademark agency should also be attached; 4. Return the original "Trademark Registration Certificate". If it cannot be returned, the reasons should be explained. ; 5: ***When a registrant with a trademark applies for cancellation, the representative should handle the application procedures, but written authorization from other registrants must be attached. (2) Review of cancellation application If the cancellation application meets the following requirements, the Trademark Office will approve it, issue a corresponding notice, and make an announcement: 1: The application form is complete and in compliance with the regulations; 2: The name of the applicant is registered with the Trademark Office file The names of the registrants are consistent; 3: If the names are inconsistent, a change certification document issued by the registration authority should be attached; 4: The trademark applied for cancellation is a valid registered trademark; 5: If the application is for partial cancellation, the cancellation goods/services filled in the application form must be the same as those of the registered trademark. The goods/services specified during registration match. After review, if the cancellation application does not meet the above provisions, it will not be approved and a return notice will be issued. To sum up, trademark is an important factor for a brand to engage in economic activities and has great economic benefits. If a trademark wants to be registered, it needs to strictly follow legal procedures. The canceling party needs to apply to the Trademark Office to cancel the entire trademark or a certain part of the extended product. In other cases, if the trademark expires and is not renewed, it will be automatically cancelled.