someone asked: why did you register a trademark before, and now it is used very well, and why can others withdraw it?

In this case, I should have received a circular letter from the Trademark Office. The first sentence in it is that someone dismissed you for not using it for three years in a row according to Article 49 of the Trademark Law. This sentence means that others have laws to follow. Simply put, there are only so many combinations of Chinese characters and English letters, and the trademark review is the same or similar and cannot be registered.

In short, trademarks are scarce resources, and the validity period of trademarks is ten years. If you hoard tens of thousands of trademarks, people who really need to use trademarks will have no way to register. In order to make scarce resources effectively used, Article 49 of the Trademark Law has been created. The Trademark Law stipulates: "If a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark." This is what we usually call "trademark withdrawal three".

after the "withdrawal of the third" is successful, the trademark owner will lose the exclusive right of the trademark. Of course, if you want to lodge a complaint, you can submit valid evidence of trademark "use" to the Trademark Office within the specified time, or explain the "legitimate reasons" for trademark non-use, such as force majeure, government policy restrictions, bankruptcy liquidation, etc.

Reason 2: Malicious cybersquatting

The so-called "malicious cybersquatting" is just a popular name. According to the provisions of Article 31 of the current Trademark Law, that is, "a trademark that has been used by others and has certain influence shall not be registered first by unfair means". Therefore, "malicious cybersquatting" means that the applicant uses unreasonable or illegal means to apply for registration of a trademark that has been used by others but has not been registered in his own name.

the prior obligee or interested party may raise an objection to the newly applied registered trademark in violation of this provision. For a successfully registered trademark, within five years from the date of registration, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. In case of malicious cybersquatting, the owner of a well-known trademark is not limited by five years, and may request the Trademark Review and Adjudication Board to declare the registered trademark invalid at any time

Reason 3: Trademark becomes a generic name

The Trademark Law stipulates: "If a registered trademark becomes the generic name of the goods it has approved for use, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark."

the important function of a trademark is to distinguish the source of goods or services, so the Trademark Law stipulates that the application for registration of a trademark must be significant. If a registered trademark is frequently used to describe a designated commodity, resulting in it becoming a generic name, its distinctiveness will be greatly weakened, so it will face the risk of being revoked

Reason 4: Irregular use, random change of font pattern

Article 49 of the Trademark Law stipulates: "Where a trademark registrant changes the registered trademark, the registrant's name, address or other registered items on his own during the use of the registered trademark, the local administrative department for industry and commerce shall. If it is not corrected within the time limit, its registered trademark shall be revoked by the Trademark Office. "

changing the font and design of a trademark at will is a common-sense mistake, and SMEs make the most. Many enterprises subjectively believe that the trademark is mine, and they can use it as they want. From the perspective of Trademark Law, this idea is wrong. Non-standardized use of trademarks will lead to administrative punishment by administrative law enforcement departments, resulting in the loss of trademark exclusive rights; What's more, once the above acts constitute infringement, they should not only bear administrative responsibility, but also bear civil responsibility.

Reason 5: The trademark has not been renewed upon expiration

The Trademark Law stipulates: "If a registered trademark expires and it is to be used continuously, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before the expiration; If it is not handled during this period, a grace period of six months can be given. If the renewal procedures are not completed at the expiration of the period, the registered trademark shall be cancelled. "

Trademarks also have a shelf life. After successful registration, the effective shelf life is 1 years. After the expiration, the trademark will be revoked! This involves the ten-year renewal of trademarks. According to the Trademark Law, a registered trademark is valid for 1 years. If it needs to be used again after its expiration, it shall apply for renewal of registration within 12 months before its expiration. Failing to file an application within this period, a six-month grace period may be granted. The trademark will be cancelled if the application has not been filed at the expiration of the exhibition period.