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How to write the supplementary reasons for trademark revocation reexamination defense?
The full name of trademark revocation refers to the revocation of an application for not using a registered trademark for three consecutive years. As the name implies, after three years of trademark registration, any organization or individual has the right to revoke the unused trademark application of others. 1. How to write the supplementary reasons for the reexamination and defense of trademark revocation? 1. Find out the evidence that you have used the registered trademark for three years. The evidential materials shall bear the logo of the trademark application, and can show the user who applied for the trademark. 2. Find out the evidence that the trademark registrant allows others to use the registered trademark. If the licensee uses the trademark, it can also be used as the trademark, but it should clearly reflect the licensing relationship between the trademark registrant and the licensee. 3. Find out the legitimate reasons why the trademark registrant has not used it for three consecutive years. Where a trademark has not been used for three years due to force majeure, it may be allowed to continue to be used as a legitimate reason. Second, what materials should be prepared for the defense of trademark withdrawal? 1, copy of business license or ID card; 2. The original and envelope of the Notice on Providing Evidence for the Use of Registered Trademarks; 3. Evidence materials that can prove the facts and reasons complained by the respondent in applying for cancellation of the trademark (including: pictures or related materials of trademark use, trademark printing, production and sales of trademark products, trademark product transaction documents, trademark use license contract, trademark product publicity evidence, etc.). ); 4. Cancellation application for stopping using the registered trademark for three years, trademark power of attorney signed by the trademark applicant (provided by the agency), reply and trademark power of attorney signed by the respondent to cancel stopping using the registered trademark for three years. 3. How long is the validity of a registered trademark? According to Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark in its production and business activities, it shall apply to the Trademark Office for trademark registration. According to Article 39 of the Trademark Law, the period of validity of a registered trademark is ten years, counting from the date of approval of registration. It can be renewed twelve months before the expiration of the validity period and pay the renewal fee. Each renewal is still valid for ten years. There is no limit to the number of renewals. If no application is made within this time limit, it can be extended for 6 months. If no application for renewal of registration is made within the grace period, the Trademark Office shall revoke its registered trademark and make an announcement. To sum up, a large number of registered trademarks are not used in the market, resulting in a waste of resources. The Trademark Law stipulates that a trademark will be revoked if it is not used for three years, so that the trademark holder can raise an objection and ask the Trademark Office to review it. When attending the defense, provide sufficient reasons to explain that you have used the trademark or authorized others to use it within three years. It's the only way to keep it.