(1) Acceptance of revocation application
Where a registrant applies for cancellation of its registered trademark or some designated commodities, it shall submit the following documents:
1: cancellation application;
2. For direct handling, a copy of the applicant's valid ID card and a copy of the agent's ID card shall be attached;
3; If an agency is entrusted, a copy of the applicant's valid identity certificate and a power of attorney for trademark agency shall be attached;
4. Return the original trademark registration certificate, and explain the reasons why it cannot be returned;
5: * * * When a trademark registrant applies for cancellation, the agent shall go through the application procedures, but the written authorization of other registrants shall be attached.
(2) Examination of cancellation application
Where the application for revocation meets the following conditions, the Trademark Office shall approve it, issue a corresponding announcement and make an announcement:
1: The application form is complete and compliant;
2. The name of the applicant is the same as the name of the registrant registered in the archives of the Trademark Office;
3. If the names are inconsistent, a certificate of change issued by the registration authority shall be attached;
4. The trademark applied for cancellation is a valid registered trademark;
5. If the application is partially cancelled, the cancelled goods/services filled in the application form are consistent with the goods/services designated for use at the time of registration.
Upon examination, if the application for cancellation does not meet the above requirements, it shall not be approved and a notice of return shall be issued.
Second, the types of trademark cancellation
The revocation of a registered trademark includes the application for revocation and the voluntary revocation by the Trademark Office.
The voluntary cancellation of a registered trademark by the Trademark Office refers to a legal procedure in which the registered trademark is cancelled from the trademark register according to the application or legal provisions when the registered trademark is not used by the trademark registrant, or when the registered trademark expires and the trademark registrant does not apply for renewal.
Revocation of a registered trademark is the act of the trademark registrant voluntarily giving up the exclusive right to use the trademark. Partial revocation of a registered trademark refers to the act of a trademark registrant applying for revocation of its exclusive right to use a registered trademark on some designated goods. In this case, the application of a factory belongs to the partial revocation of registered trademark, and its behavior conforms to the legal provisions.
If a registered trademark is revoked, the original trademark registration certificate is invalid; Where a trademark registrant applies for cancellation of its trademark registration on some designated commodities, the Trademark Office shall return the original Trademark Registration Certificate or reissue the Trademark Registration Certificate and make an announcement.
After the cancellation of a trademark, it means that the trademark no longer belongs to the original registrant, and the reuse of the trademark will not be protected by the relevant departments. Among them, the types of trademark revocation include trademark office application for revocation and voluntary revocation. After the expiration of the validity period, the Trademark Office has the right to take back the trademark, or the registrant may re-apply for registration of the trademark and make an announcement.