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Apply for cancellation of trademark registration
1. Briefly, if a registered trademark has been discontinued for three consecutive years, anyone can apply to the Trademark Office for cancellation of the registered trademark. There are two ways to apply for revoking the use of a registered trademark for three consecutive years: (1) entrusting a trademark agency that has filed with the Trademark Office. (2) The applicant shall go directly to the trademark registration hall of the Trademark Office. Three. Procedures (1) If a trademark agency is entrusted to handle the matter, the applicant may voluntarily choose any trademark agency registered in the Trademark Office to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies". (2) If the applicant goes directly to the trademark registration hall, he can go through the following steps: preparing the application → submitting the application in the acceptance window of the trademark registration hall → entering the receipt barcode in the coding window → paying the application fee in the payment window → checking whether to cancel the registered trademark. Four. Preparation of application If the applicant wants to cancel the application for stopping using the registered trademark for three consecutive years, he shall submit the following documents: 1. Cancel the registration that has been stopped for three consecutive years. 2. Go directly to the trademark registration hall and submit a copy of the applicant's main qualification documents (business license, ID card, etc.). ) Seal or sign for confirmation. Where a trademark agency is entrusted, a copy of the applicant's qualification certificate (business license, ID card, etc.). ) submission; 3. Go directly to the trademark registration hall and submit the original and photocopy of the agent's ID card (the original will be returned after comparison); Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted. V. Check the decision on whether to cancel the registered trademark. After receiving the application for revocation, the Trademark Office will issue a Notice on Providing Evidence for the Use of a Registered Trademark to the trademark registrant. After receiving the evidence of the use of the registered trademark provided by the trademark registrant, the Trademark Office shall examine the evidence, make a decision on whether to cancel the registered trademark, and issue a written decision on whether to cancel the registered trademark to the registrant and the applicant. If it is entrusted to a trademark agency, the Trademark Office will mail the decision on whether to cancel the registered trademark to the trademark agency. Notes on intransitive verbs 1. The applicant's name, address, postal code, telephone number and other contact information must be clearly and accurately filled in to facilitate contact. 2. Before submitting the application, the applicant shall inquire about the registration of the revoked trademark, and fill out the Application for Revocation of Stopping Using the Registered Trademark for Three Years in a row according to the current registrant of the trademark. 3. To apply for cancellation of trademark registration, the applicant shall, in accordance with the provisions of paragraph 2 of Article 39 of the Regulations for the Implementation of the Trademark Law, state in the reasons for cancellation the relevant information about the suspension of the application trademark for three consecutive years. 4. At least 3 years have passed from the date of approval of registration to the date of cancellation of application. 5. If a party refuses to accept the decision made by the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days after receiving the cancellation decision. Seven. Special statement (1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce, so all contents are instructive and not legally binding. (2) The above contents were revised on March 20 10. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.