According to the relevant provisions of the Trademark Law, the Trademark Office may revoke the registered trademark of a registrant who changes the registered trademark or its name, address and other registered matters, or acts such as shoddy, shoddy or deceiving consumers. Where the Trademark Office cancels a registered trademark that has expired and fails to apply for renewal of registration after the grace period expires. No matter whether the registered trademark is revoked or cancelled, the consequence is that the trademark registrant loses the exclusive right to use the trademark and is no longer protected by law.

The exclusive right to use a registered trademark that has been revoked because the trademark registrant fails to comply with the provisions on the use of the registered trademark or the registered trademark has not been renewed at the expiration date has been lost. However, in order to prevent the confusion of the source of goods, Article 46 of the Trademark Law stipulates that if a registered trademark is revoked or not renewed upon expiration, it shall, within one year from the date of revocation or cancellation, apply to the Trademark Office for registration of a trademark identical with or similar to the trademark. Without approval, this provision is not to protect the rights of revoked or cancelled trademarks, but to maintain market order and protect the interests of consumers so as not to cause unnecessary misunderstandings and losses.

In registered trademarks, when some trademarks are revoked or cancelled, the reputation of the trademark has a great influence on consumers because of the long turnover period of the goods themselves. The termination of the exclusive right to use the trademark does not mean that the trademark disappears completely in the market or among consumers, and the goods produced by the original trademark registrant cannot immediately withdraw from the market, but there will still be a certain period in the circulation field. Therefore, if other people are immediately approved to register the same or similar trademarks, it is possible that goods with the same or similar trademarks will appear in the market at the same time, causing consumers to misunderstand and purchase by mistake. In order to prevent this from happening and safeguard the interests of consumers, we should also strengthen the management of these revoked or cancelled trademarks, so as to avoid the confusion of supply caused by mixed trademarks in the market.

To this end, the trademark law stipulates a one-year transition period. During this transitional period, the application for registration of the same or similar trademarks filed by others will not be approved. After the transition period, the remaining goods of registered trademarks should be basically sold out before the Trademark Office can approve such applications. It should be noted that if the revoked registered trademark ceases to be used for three consecutive years, it is not subject to the above restrictions. Because in this case, the revoked registered trademark itself has not been used for three consecutive years, there should be no goods with the trademark circulating in the market, and there will be no problem that consumers mistakenly purchase. Therefore, the above provisions do not restrict trademark registration applications that are the same as or similar to trademarks that have not been used for three years.