1. What to do if the trademark is applied for withdrawal by others?
1. The handling of the trademark application for withdrawal by others is as follows:
(1) If the trademark does not exist If you are using the trademark and don’t plan to use it anymore, you can give up the defense, and the trademark will naturally be revoked;
(2) If the trademark is indeed used, you must actively respond to it, entrust an agent or lawyer to organize a defense, and submit a valid Use evidence to maintain trademark registration;
(3) Resubmit a trademark registration application and strive for new registration opportunities;
(4) Contact the cancellation applicant or his agent , understand the reasons for the withdrawal, and strive to negotiate for the other party to withdraw the "three withdrawals" application.
2. Legal basis: Article 49 of the "Trademark Law of the People's Republic of China"
The trademark registrant shall change the registered trademark on his own initiative during the use of the registered trademark. , the name, address or other registration information of the registrant, the local industrial and commercial administrative department shall order it to make corrections within a time limit; if the correction is not made within the time limit, the Trademark Office shall cancel the registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, 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 there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
Article 50
If a registered trademark is revoked, declared invalid or will not be renewed upon expiration, the Trademark Office shall, within one year from the date of cancellation, invalidation or cancellation, Applications for trademark registration that are identical or similar to the trademark will not be approved.
2. What is the evidence of effective use of the trademark?
1. Promotional materials in the past three years, including newspapers, magazines, company brochures, etc.;
2. Sales contracts, invoices, franchise license contracts, etc. must clearly indicate the brand name;
3. Sales scope in the past three years, copies of sales invoices or sales descriptions, etc.;
4. Relevant media reports and interview materials on the company in the past three years;
5. Product quality inspection reports with trademark samples, etc.