Why should the trademark be cancelled?
When someone applies for trademark registration, someone applies for trademark cancellation. The relationship between trademark registration and trademark cancellation is gain and loss, and both have the initiative. When someone applies for trademark registration, someone applies for trademark cancellation. The relationship between trademark registration and trademark cancellation is gain and loss, and both have the initiative. Trademark cancellation: Trademark cancellation refers to the legal procedure that the Trademark Office cancels or partially cancels a registered trademark upon the application of the trademark registrant himself or others. Types of revocation of registered trademarks: including application for revocation and voluntary revocation by the Trademark Office 1. The voluntary revocation of the Trademark Office refers to a legal procedure in which the registered trademark is cancelled from the trademark register by the Trademark Office in accordance with the application or legal provisions when the registered trademark is not used by the trademark registrant, or when the registered trademark expires and the trademark registrant does not apply for renewal. 2. Applying for the cancellation of a registered trademark is an act of the trademark registrant voluntarily giving up the exclusive right to use the trademark. Partial revocation of a registered trademark refers to the act of a trademark registrant applying for revocation of its exclusive right to use a registered trademark on some designated goods. In this case, the application of a factory belongs to the partial revocation of registered trademark, and its behavior conforms to the legal provisions. 3. If the registered trademark is cancelled, the original trademark registration certificate is invalid; Where a trademark registrant applies for cancellation of its trademark registration on some designated commodities, the Trademark Office shall return the original Trademark Registration Certificate and make a note, or reissue the Trademark Registration Certificate and make an announcement. The revocation of a trademark is based on the following three situations: situation 1: the registered trademark has not been applied for renewal because of its expiration; Case 2: Death or termination of the trademark registrant; Ways to revoke a trademark due to the initiative of a trademark registrant: l According to Article 18 of the Trademark Law, a foreigner or foreign enterprise shall entrust an organization recognized by the state with the qualification of trademark agency, that is, an enterprise or individual may entrust a qualified trademark registration agency with full authority. What materials should be prepared for trademark cancellation? L if the cancellation application is directly handled, a copy of the applicant's valid ID card and a copy of the agent's ID card shall be attached. Where an application is made by an entrusted agency, a copy of the applicant's valid ID card and a power of attorney for trademark agency shall be attached. The original Trademark Registration Certificate shall be returned (if it cannot be returned, the reasons shall be explained). When a trademark registrant applies for cancellation, the application formalities shall be handled by an agent, but the written authorization of other registrants shall be attached. The difference between trademark cancellation and trademark cancellation: Trademark cancellation refers to the procedure that the State Trademark Office makes a decision or ruling on acts that violate the Trademark Law and related provisions, so as to eliminate the professional rights of the original registered trademark. There are three situations in which a trademark is revoked: the first is that the trademark owner has not standardized the use of its registered trademark, and the trademark office has taken the initiative to revoke it, such as changing the registered trademark, changing the name, address or other precautions of the registered trademark registrant. The second is that the trademark has become a common term in the industry, and the trademark has been revoked by other units or individuals. For example, "USB flash drive" used to be a trademark, but after it was widely used, the trademark was revoked. The third kind is that if a trademark is not used for three consecutive years without justifiable reasons, other units or individuals may propose to cancel it, which is commonly called "withdrawal of three". Trademark cancellation is an active act. Trademark cancellation is a violation of relevant laws and regulations and a passive act. How to prevent the trademark from being revoked? L standardize the use of registered trademarks, l claim their own trademark rights, l retain evidence of trademark use, domestic trademark registration, Shenzhen trademark renewal, Shenzhen agent bookkeeping.