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How many years will the company’s canceled trademark be retained?

Legal analysis: Normally it is 3 years, and a trademark that is not used for three years will be revoked. Generally, the trademark office will not deliberately inquire. However, if a registered trademark has not been used for three consecutive years, anyone can apply to the Trademark Office of the State Administration for Industry and Commerce to cancel the registered trademark. After the State Trademark Office accepts the cancellation application, it will send a letter to notify the registrant to provide evidence of use within the legal period. If it is not provided in time, the trademark will be revoked. After the company is deregistered, the trademark can be transferred. Trademark transfer must be carried out within the validity period of the trademark. Once the trademark expires, the trademark will be invalid. Trademark transfer is very important in corporate trademark management. If you are running a company and preparing to cancel it, it is best to submit a trademark transfer application before the company cancels the company. However, the trademark transfer cycle is long. Some companies have submitted a trademark transfer application and then canceled the company. However, the company has canceled the trademark and the trademark transfer failed. The trademark is still under the name of the original company.

Legal basis: Article 49 of the "Regulations for the Implementation of the Trademark Law" in accordance with the provisions of Paragraph 2 of Article 49 of the Trademark Law to apply for cancellation of an internationally registered trademark shall expire after the expiration of the time limit for rejection of the application for international registration of the trademark An application shall be submitted to the Trademark Office 3 years after the date of expiration of the rejection period; if the rejection period expires and is still in the rejection review or objection-related procedures, the application shall be submitted to the Trademark Office 3 years after the date on which the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect. File an application with the Trademark Office. If you apply to declare an internationally registered trademark invalid in accordance with the provisions of Article 44, Paragraph 1 of the Trademark Law, you must file an application with the Trademark Review and Adjudication Board after the expiration of the rejection period for the international registration application; when the rejection period expires, you are still in the process of rejection review or objection. If there are relevant procedures, an application shall be submitted to the Trademark Review and Adjudication Board after the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect.

Article 66 of the "Trademark Law Implementation Regulations" stipulates in Article 49 of the Trademark Law that if a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office To cancel the registered trademark, the relevant circumstances should be explained when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notification; if no evidence of use is provided upon expiration of the period, If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark. The evidence of use referred to in the preceding paragraph includes evidence that the trademark registrant uses the registered trademark and evidence that the trademark registrant permits others to use the registered trademark. If you apply for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justifiable reasons, you must file the application three years from the date of the announcement of the registration of the registered trademark.