In recent years, the number of trademark registration applications has increased rapidly, but due to limited trademark resources, successful registration has become more difficult. However, the phenomenon of malicious registration squatting has increased, so the registered users have applied for cancellation through withdrawal, invalidation and other means. So here comes the question. The trademark has been proposed and withdrawn for three times. What evidence should be provided?

According to the "Trademark Examination and Trial Standards" (Trademark Office, Trademark Review and Adjudication Board, December 2016), the evidence materials used to prove that the disputed trademark has not been used for three consecutive years should meet the following requirements: Requirements:

(1) The disputed trademark logo can be shown to be used;

(2) The disputed trademark can be shown to be used on the designated goods/services;

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(3) It can show the user of the disputed trademark, including both the trademark registrant himself and others authorized by the trademark registrant. If it is allowed to be used by others, it should be able to prove the existence of the licensed use relationship;

(4) The date of use of the disputed trademark can be shown, and it should be projected forward within three years from the date of cancellation of the application;

(5) It can prove that the disputed trademark is used within the jurisdiction of the Trademark Law.

The use of trademarks that are not considered to be used in the sense of trademark law is stipulated in the enumeration method:

(1) The publication of trademark registration information or the trademark registrant’s exclusive use of its registered trademark Statement of rights;

(2) Not used in public commercial fields;

(3) Only used as gifts;

(4) Only transferred Or licensing without actual use;

(5) Symbolic use only for the purpose of maintaining trademark registration.

The above is about what evidence needs to be provided when a trademark is withdrawn. In recent years, the Trademark Office has severely cracked down on malicious registrations. It not only strictly and expeditiously hears cases of large-scale malicious registration of trademarks, but also carries out special rectification. Action to establish a database of malicious registration suspects. At the cusp of this crisis, you must not blindly apply for trademark registration, hoard a large number of trademarks, and try to avoid unnecessary idle trademarks and waste of resources. Trademark withdrawal application, trademark registration application