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Death or termination of trademark registrant

1. According to Article 47 of the "Regulations for the Implementation of the Trademark Law", if the registrant of a registered trademark dies or terminates for more than one year and fails to apply to the Trademark Office for transfer procedures, any person may apply to the Trademark Office for transfer procedures. The Trademark Office applies to cancel the registered trademark.

2. Processing channels

There are two ways to apply for cancellation of a registered trademark after the death/termination of the registrant:

(1) Authorization to file with the Trademark Office Trademark agency handles.

(2) The applicant goes directly to the Trademark Registration Hall of the Trademark Office to apply.

3. Preparation of application documents

Handle the application for death/termination of cancellation of the registrant , the following documents should be submitted:

1. Typed or printed "Registrant's Death/Termination Cancellation Application";

2. Subject qualifications confirmed by the applicant's seal or signature Copies of supporting documents (copy of business license, ID card, etc.);

3. If you go directly to the trademark registration hall, submit a copy of the person in charge of the ID card and present the original (the original will be returned after comparison) ); if entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney;

4. Evidence of the death or termination of the registrant.

IV. Notes

1. The applicant’s name, address, postal code, phone number and other contact information must be filled in clearly and accurately to facilitate contact.

2. The evidence materials submitted by the applicant should meet the following conditions:

(1) If the trademark registrant is a natural person, the applicant should submit a certificate issued by the household registration management department of the public security bureau in the place where the natural person’s household registration is located. Proof of cancellation of household registration after the death of the natural person; if the whereabouts of the natural person are unknown, the applicant should provide a legal document from the court declaring the death of the natural person.

(2) If the trademark registrant is a sole proprietorship, partnership, enterprise legal person or company legal person, the applicant should submit the cancellation certificate of the enterprise issued by the enterprise registration authority (including the cancellation certificate of the enterprise) , cancellation announcement and cancellation archival materials).

(3) If the trademark registrant is another legal person or organization, the applicant should submit the cancellation certificate issued by the original registration department of the legal person or organization; or the cancellation certificate issued by the superior authority that approved the establishment of the legal person or organization Proof that the legal person or organization has been revoked or canceled;

(4) Other evidentiary materials that can prove the death or termination of the registrant in accordance with laws and regulations.

The above-mentioned evidentiary materials should be provided in originals. If they are unable to be provided, a photocopy that is verified to be correct with the original can be provided and signed and sealed by the unit that keeps the original, or a notarized photocopy can be provided.

3. Only applicable to registered trademarks, no fee is required.

4. If the applicant only provides evidence that the registrant's business license has been revoked, the registrant will not be deemed to have been terminated.

5. After the application for cancellation of a registered trademark is approved, a notice of cancellation approval will be sent to the applicant and a trademark announcement will be published.