Due to the differences in the reasons for the cancellation of registered trademarks, the cancellation of registered trademarks is divided into three types: cancellation due to improper use, cancellation due to improper registration, and cancellation due to dispute.

1. Improper use cancellation refers to the situation where the owner of a registered trademark violates the obligation to use the registered trademark reasonably and his registered trademark is canceled by the Trademark Office.

(1) Reasons for cancellation of registered trademark due to improper use. Improper use of a registered trademark can be revoked only if the owner of the registered trademark violates its obligation to use the registered trademark reasonably and the circumstances are serious. The owner of a registered trademark shall bear the obligation to use the registered trademark reasonably and shall use the registered trademark in accordance with the requirements of the law. If the registered trademark owner neglects to use the registered trademark or uses the registered trademark in violation of legal provisions, it constitutes improper use. According to Articles 44 and 45 of the Trademark Law, the reasons for cancellation of a registered trademark due to improper use include:

a. Changing the registered trademark on your own;

b. Change the name, address or other registration information of the registered trademark on your own;

c. Transfer the registered trademark on your own; stop using the registered trademark for three consecutive years;

d. Use the registered trademark Trademark, its products are shoddily manufactured, passed off as good, and deceive consumers.

(2) Review after the registered trademark has been revoked by the Trademark Office due to improper use. According to the provisions of Article 49 of the Trademark Law, if the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision decision and notify the applicant in writing.

2. Improper revocation of registration means that the trademark applied for registration by the owner of the registered trademark violates the prohibited provisions of trademark constitution, or the trademark registration is obtained by deception or other improper means, and the trademark is rescinded by the Trademark Office or Trademark Review and Adjudication Office. According to the provisions of Article 41 of the Trademark Law, the cancellation of a trademark by the Committee is specifically divided into the following two categories:

(1) The cancellation of a registered trademark without a time limit , that is, a registered trademark that violates the provisions of Articles 10, 11, and 12 of the Trademark Law, or that obtains registration by deception or other unfair means, may be revoked regardless of how much time has passed since registration. . The main reasons for the cancellation of a registered trademark without a time limit are:

a. The registered trademark uses prohibited trademark signs. Any signs that are identical or similar to signs related to public order and good customs as stipulated in Article 10 of the Trademark Law are prohibited signs.

b. The registered trademark uses a sign that lacks distinctiveness. According to the provisions of Articles 11 and 12 of the Trademark Law, any mark that is indistinguishable from the nature, characteristics, quality or quantity of the goods themselves, unless they have acquired distinctive features through use and are easy to identify, shall lack distinctiveness. sign.

c. Registered by deception or other unfair means. If a trademark registration is obtained by deception or other improper means, which directly damages the public order of public administration and is not allowed for the public welfare, it shall be revoked.

(2) Cancellation of a registered trademark with a time limit. If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of the Trademark Law, within five years from the date of trademark registration, the owner or interested party of the registered trademark may be prosecuted. The related party applied to the Trademark Review and Adjudication Board for a ruling to revoke it. However, when there is a reason for cancellation within the above-mentioned time limit, if the trademark owner registered it in bad faith, the well-known trademark owner’s request to cancel the trademark registered in bad faith will not be restricted by the five-year period. The main reasons for the cancellation of a registered trademark with a time limit include:

a. The registered trademark copies, imitates or translates another person's well-known trademark. If a mark used in a registered trademark is a copy, imitation or translation of another person's well-known trademark, it shall be revoked.

b. The agent abuses his position to obtain trademark registration. "Without authorization, the agent or representative registers the trademark of the principal or represented person in his own name."

c. The registered trademark contains a geographical indication.

If a registered trademark contains a geographical indication of a commodity, but the goods using the trademark do not originate from the area indicated by the trademark, thus misleading the public, it shall be revoked. This shall not apply if the trademark owner has obtained the registration in good faith.

d. The registered trademark infringes other prior rights of others. A registered trademark infringes upon the prior rights of others, including but not limited to infringement of others' portrait rights, design patent rights, copyrights, unique names of well-known commodities, packaging and decoration of well-known commodities, and the interests of the owners of well-known unregistered trademarks wait.

3. Dispute cancellation means that the registrant of a previously registered trademark can raise a dispute over an identical or similar trademark subsequently registered on the same or similar goods, and request the Trademark Review and Adjudication Board to rule on revoking the trademark. later registered trademark. In the process of canceling a registered trademark, the Trademark Review and Adjudication Board review process is based on the provisions of Article 28 of the "Regulations for the Implementation of the Trademark Law". The Trademark Review and Adjudication Board accepts cancellation applications filed by parties due to improper registration in accordance with Article 41 of the Trademark Law. , Article 49 provides for review applications due to the Trademark Office’s decision to cancel a registered trademark. The Trademark Review and Adjudication Board conducts reviews based on facts and in accordance with the law. According to the provisions of Articles 30 to 34 of the "Regulations for the Implementation of the Trademark Law", the review procedures are as follows:

(1) To apply for trademark review, an application should be submitted to the Trademark Review and Adjudication Board and submitted in accordance with the The counterparty shall submit a corresponding number of copies according to the number of parties involved; if an application for review is based on a decision or ruling from the Trademark Office, a copy of the decision or ruling from the Trademark Office shall also be attached.

(2) After the Trademark Review and Adjudication Board receives the application, after review, if it meets the acceptance conditions, it will be accepted; if it does not meet the acceptance conditions, it will not be accepted, and the applicant will be notified in writing and the reasons will be explained; any corrections are required. , notify the applicant to make corrections within thirty days from the date of receipt of the notice. If the application still does not comply with the regulations after making corrections, the Trademark Review and Adjudication Board shall not accept the application and notify the applicant in writing and explain the reasons; if no corrections are made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

(3) After the Trademark Review and Adjudication Board accepts a trademark review application and finds that it does not meet the acceptance conditions, it will reject it and notify the applicant in writing and explain the reasons.

(4) After the Trademark Review and Adjudication Board accepts a trademark review application, it shall promptly send a copy of the application to the other party, who shall respond within thirty days from the date of receipt of the copy of the application; The defense will not affect the evaluation of the Trademark Review and Adjudication Board.

(5) If the party needs to supplement relevant evidence materials after filing an application for review or defense, it shall state this in the application or defense, and 3 months from the date of submission of the application or defense Submit it within the time limit; if it is not submitted within the time limit, it will be deemed as giving up the supplement of relevant evidence materials.

(6). The Trademark Review and Adjudication Board may decide to conduct a public review of review applications based on the request of the parties or actual needs.

(7) If the Trademark Review and Adjudication Board decides to conduct a public review of the review application, it shall notify the parties in writing fifteen days before the public review and inform the date, location and reviewers of the public review. The parties concerned shall respond within the time limit specified in the notice.

(8) If the applicant does not reply or participate in the public review, his application for review shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; if the respondent does not respond or participate in the public review, the Trademark Review and Review Board shall The committee may review in absentia.

(9) If the applicant requests to withdraw the application before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may withdraw the application by explaining the reasons in writing to the Trademark Review and Adjudication Board; if the application is withdrawn, the review process will be terminated.