Article 47, Paragraph 1 of the "Regulations for the Implementation of the Trademark Law" stipulates: "If the trademark registrant dies or terminates, one year has expired from the date of death or termination, and the registered trademark has not been transferred. Anyone can apply to the Trademark Office to cancel the registered trademark. "For example, if Company A has had its business license revoked for more than two years and has not completed the transfer procedures for X's registered trademark at the time of the case, anyone can apply to the Trademark Office. The registered trademark is cancelled, so the X registered trademark should no longer be protected. However, Company A's business license is revoked, which does not mean the enterprise is terminated. The registered trademark X will remain a valid registered trademark until it is revoked or canceled in accordance with the law. Therefore, if other companies use the X trademark on the same goods without permission, it is an infringement of the exclusive right of X's registered trademark.

Article 46 of the "General Principles of Civil Law" stipulates: "When an enterprise legal person is terminated, it shall cancel its registration with the registration authority and make an announcement." Article 45 of the "Company Registration Management Regulations" stipulates that "after the company The registration authority cancels the registration and the company is terminated. "The Supreme People's Court pointed out in the "Letter on How to Determine the Civil Litigation Status of an Enterprise Legal Person after its Business License is Revoked" to the Liaoning Provincial Higher People's Court: "The revocation of an enterprise's legal person business license is an industrial and commercial matter. An administrative penalty imposed by the administrative bureau on an illegal enterprise legal person in accordance with the national industrial and commercial administrative regulations. After the enterprise legal person has its business license revoked, it shall be liquidated in accordance with the law. After the liquidation is completed and the industrial and commercial deregistration is completed, the enterprise legal person shall be eliminated. " The revoking of the business license of an enterprise as a legal person means that it has lost its business qualifications; the termination of the enterprise as a legal person means that it has lost its qualifications as a civil subject, and the cancellation of registration shall prevail. On the contrary, although Company A's business license has been revoked for more than two years, it has not completed deregistration and has not been terminated. It does not fall within the scope of Article 47, Paragraph 1, of the "Regulations for the Implementation of the Trademark Law".

Situations in which the exclusive right of a registered trademark expires:

According to current trademark laws and regulations, the termination of the exclusive right of a registered trademark includes the following situations: (1) The 10-year validity period expires and is not renewed in accordance with the law. (2) The trademark registrant actively applies to cancel its registered trademark; (3) Due to improper trademark registration, the Trademark Office or the Trademark Review and Adjudication Board makes an effective decision in accordance with Article 41, Paragraph 1 of the Trademark Law or ruling to revoke the registration; (4) Due to a dispute over trademark registration, the registration is canceled by the Trademark Review and Adjudication Board in accordance with the effective ruling made by the Trademark Review and Adjudication Board in accordance with Paragraphs 2 and 3 of Article 41 of the Trademark Law; (5) Due to the continuous registration of a registered trademark The registration has been revoked in accordance with Articles 44 and 45 of the Trademark Law if it has ceased to be used for three years or has been used improperly; (6) The trademark registrant has not completed the transfer procedures for the registered trademark within one year after the death or termination of the trademark. Application for cancellation by others. In this case, Company A, the registrant of trademark X, has not been terminated. Although the trademark transfer or transfer procedures have not been completed, the registered trademark Protect.