Abstract: The trademark will be canceled if the trademark owner voluntarily gives up the trademark due to business problems, if the trademark validity period has expired, or if the trademark owner’s business goes bankrupt or a citizen dies. To cancel a trademark, you must first submit an application, and then go through a series of processes and reviews before the cancellation can be completed. So how to apply for trademark cancellation? How long does the trademark cancellation provision take? Let’s find out together below. What are the reasons for trademark cancellation

1. The trademark owner voluntarily applies to give up his trademark due to corporate transfer, merger, bankruptcy and other reasons. Since this method of canceling a trademark is voluntarily proposed by the trademark owner, it is necessary to submit trademark-related application documents and obtain their consent before the cancellation can be truly cancelled.

2. The validity period of the trademark has expired, and the extension period has also expired, but the trademark owner still has not filed a relevant renewal application and has not paid the trademark fees in a timely manner. At this time, regardless of whether the trademark right is Trademark cancellation will take effect automatically even if the owner does not give it up voluntarily. Therefore, if you do not want to give up your trademark rights, you should renew your trademark in a timely manner within a certain period of time.

3. The trademark owner’s business has gone bankrupt or the citizen has died, but no one has requested to inherit or re-register the trademark within the legal period, and the trademark will also be canceled within a certain period of time. If the trademark owner's business goes bankrupt and he wants to voluntarily apply for trademark cancellation, he needs to submit the relevant cancellation application and "Trademark Registration Certificate" to the Trademark Office and let the Trademark Office handle the relevant cancellation procedures.

Trademark Cancellation Procedure

1. If a trademark registrant applies to cancel his registered trademark, he shall submit an application to the Trademark Office in accordance with Article 46 of the "Regulations for the Implementation of the Trademark Law" , the cancellation of a registered trademark can be a complete cancellation or a partial cancellation of designated goods or services.

After the cancellation application is approved by the Trademark Office, the exclusive right to use the registered trademark or the validity of the exclusive right to use the registered trademark on some designated goods will terminate from the date of the cancellation application.

2. According to Article 47 of the "Regulations for the Implementation of the Trademark Law", if the registrant has died or terminated for more than one year and has not completed the trademark transfer procedures, anyone may apply to the Trademark Office Cancel the trademark. When applying to the Trademark Office for cancellation of a trademark, evidence of the death or termination of the trademark registrant must be submitted.

For a registered trademark that has been canceled with the approval of the Trademark Office, the exclusive right shall terminate from the date of death or termination of the trademark registrant.

3. According to Article 38 of the "Regulations for the Implementation of the Trademark Law", after the validity period of a registered trademark expires, if no renewal application is submitted within the extension period prescribed by law, the trademark will be cancelled.

Acceptance and review of trademark cancellation

(1) Acceptance of cancellation application

Applicants can directly go to the Trademark Office of the State Administration for Industry and Commerce to apply for cancellation, or You can entrust an agency organization to handle the cancellation application. According to Article 18 of the Trademark Law, foreigners or foreign enterprises should entrust a state-recognized organization with trademark agency qualifications to act as their agent. There is no need to pay any trademark fees for cancellation application.

If a registrant applies to cancel his registered trademark or some designated goods, he should submit the following documents:

1. Cancellation application form;

2. Direct application If the application is handled by an agency, a copy of the applicant's valid ID card and a copy of the person in charge's ID card should be attached;

3. If an agency is entrusted to handle the application, a copy of the applicant's valid ID card should be attached. , a trademark agency power of attorney should also be attached;

4. Return the original "Trademark Registration Certificate". If it cannot be returned, the reasons should be explained;

5. ***Has a trademark When a registrant applies for cancellation, the representative should handle the application procedures, but written authorization from other registrants must be attached.

(2) Review of cancellation application

If the cancellation application meets the following requirements, the Trademark Office will approve it, issue a corresponding notice, and make an announcement:

1. The application form is complete and in compliance with the regulations;

2. The name of the applicant is consistent with the name of the registrant registered in the Trademark Office file;

3. If the name is inconsistent, a registration form should be attached Change certification document issued by the agency;

4. The trademark applied for cancellation is a valid registered trademark;

5. If applying for partial cancellation, the canceled goods/services filled in the application form must be the same as the registered trademark. The goods/services specified at the time are consistent with the goods/services specified.

After review, if the cancellation application does not meet the above provisions, it will not be approved and a return notice will be issued.

How long does it take to regulate trademark cancellation?

The substantive review of trademark cancellation takes about 6-8 months to complete. Just find someone to represent you.

Notes on trademark cancellation

1. If a registered trademark is canceled, the original "Trademark Registration Certificate" should be returned in accordance with the law; the trademark registrant applies to cancel the use of his trademark on some designated goods. If registered, a new "Trademark Registration Certificate" will be issued and announced. If the application is handled directly by paper, it will be sent to the applicant by mail according to the address filled in on the application form; if an agency is entrusted, it will be sent to the agency organization.

2. If the cancellation application is disapproved, the Trademark Office will issue a "Notice of Disapproval". If the application is processed directly, it will be sent to the applicant by mail according to the address filled in the application form; if it is processed through an agent, it will be sent to the agency organization.

3. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

4. The cancellation application can be withdrawn before the Trademark Office approves it.