the termination of trademark rights refers to the elimination of trademark rights. There are two kinds of termination of trademark rights: (1) termination due to cancellation; (2) Termination due to revocation. According to the Trademark Law of China, there are the following circumstances that lead to the cancellation of a trademark: the registered trademark expires without applying for renewal; (3) The trademark registrant applies for cancellation of its registered trademark. The following circumstances lead to the revocation of a trademark: (1) The Trademark Review and Adjudication Board revokes the disputed registered trademark; (2) The Trademark Review and Adjudication Board revokes an improperly registered trademark; (3) The Trademark Office revokes a trademark that violates the provisions on the administration of trademark use. For example, changing the words, graphics, combinations, registrant's name, address or other matters of a registered trademark, transferring the registered trademark by itself, stopping using the trademark for three consecutive years, using the registered trademark, the goods are shoddy, shoddy, deceiving consumers, and the trademark registrant violates the law when allowing others to use its registered trademark.

reasons for termination of trademark rights

1. Cancellation

Cancellation refers to the legal system in which a registered trademark is erased from the Trademark Register by the Trademark Office because the trademark owner voluntarily gives up or the protection period expires but the trademark owner fails to renew it. The Trademark Office shall cancel the registered trademark and make an announcement.

The reasons for cancellation mainly include the following aspects:

1. Failure to apply for renewal of registration or application for renewal of registration has not been approved. The term of protection of trademark rights is ten years, counting from the date of approval of registration. Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before the expiration; If an application for renewal is not submitted during this period, a six-month grace period may be granted. If an application for renewal has not been filed at the expiration of the extension period, its registered trademark shall be cancelled. The trademark right shall be extinguished upon the expiration of the protection period.

2. Give up voluntarily, that is, the trademark owner gives up the trademark right by going through the registration formalities of canceling the registered trademark. Where a trademark registrant applies for cancellation of its registered trademark or cancellation of the registration of its trademark on some designated commodities, it shall submit an application for cancellation of the trademark to the Trademark Office and return the original Trademark Registration Certificate. Where a trademark registrant applies for cancellation of its registered trademark or cancellation of the registration of its trademark on some designated goods, the effect of the exclusive right to use a registered trademark or the exclusive right to use a registered trademark on the designated goods in that part shall be terminated from the date when the Trademark Office receives its cancellation application.

3. Other reasons mainly refer to the situation that the original trademark right subject is eliminated. In one case, the trademark owner's subject is destroyed and the yuan successor's. When the trademark right is a natural person who dies without an heir, or when the trademark right is terminated by an enterprise or other organization without a successor, the trademark right will be eliminated. In another case, if the original trademark owner has a successor, but the successor fails to go through the transfer formalities of the registered trademark within one year after the death or termination of the original subject, anyone can propose to cancel the registered trademark. Once the subject is eliminated or the successor fails to go through the transfer formalities within the specified time, the exclusive right to use the trademark shall be terminated from the date when the subject is eliminated.

ii. revocation

revocation refers to the system in which the trademark owner fails to use a registered trademark according to the requirements stipulated by law, and the trademark office revokes the registered trademark ex officio.

Articles 44 and 45 of the Trademark Law stipulate five reasons for revocation: