In a sense, the revocation of trademarks is a way to prevent the waste of trademarks. This is also a way to restrain enterprises from registering too many trademarks. So in the face of trademark revocation, how should enterprises reflect it?
Trademark use refers to the use of trademarks in commodities, commodity packaging or in advertising and other commercial activities, and the act of identifying the source of commodities can constitute trademark use. In the face of trademark revocation, we can deal with it from two aspects: evidence of effective use of trademarks and providing legitimate reasons for unused trademarks. The legitimate reasons for the unused trademarks are force majeure, government policy restrictions and bankruptcy liquidation.
in addition to the above, there are other legitimate reasons that cannot be attributed to the trademark registrant, but defensive trade mark's defensive purpose cannot be used as a legitimate reason for not using the trademark. Moreover, defensive trade mark is the most likely to be revoked, so how do you get the managerial entrenchment trademark?
① advertising use. Defensive trade mark can be used in TV, radio, street signs and other publicity or promotion on the Internet platform, and the advertising materials that can be linked with the goods can be kept in time. Moreover, the use of such trademarks is the simplest method in defensive trade mark, with relatively low cost and simple procedures.
② allow others to use it. In order to use defensive trade mark, it can be licensed to others, which can not only ensure its legal effect, but also have a certain economic income. However, when a trademark is licensed, it must be filed with the Trademark Office.
③ original graphic trademark registration copyright. If defensive trade mark is an original graphic, you can go to copyright registration. After successful registration, even if you don't use it, you don't have to worry about being removed. Moreover, after the graphic copyright is registered, there can be no subsequent identical or similar trademark application, otherwise it will be an infringement of prior rights.
when defensive trade mark is proposed to withdraw from the third place, and the trademark owner has no justifiable reason and evidence to use, then he can only take the last resort, that is, register the trademark circularly and then continue to defend. Because the trademark revocation process will be longer than the trademark registration process, if the trademark is finally revoked, it can also occupy the right of prior application.