Trademark "withdrawal for three years" means that a registered trademark has not been used for three consecutive years without legitimate reasons and someone else has filed a trademark cancellation application in accordance with the law. It is a registered trademark cancellation process. After a trademark is successfully withdrawn, the original trademark holder will lose the exclusive rights to the trademark and will be unable to continue to use the trademark on goods or services. The previous investment in advertising and publicity of the trademark will also be wasted, which will affect the trademark. The original trademark holder has caused serious waste of resources and economic losses, so it must be treated with caution.

Article 49, Paragraph 2, of my country’s Trademark Law stipulates that if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. Generally speaking, a trademark that meets the two conditions of "no legitimate reason" and "not used for three consecutive years" can be subject to a "three-year withdrawal" application. Therefore, the company's defense is to register for the purpose of protection (non-use). Trademarks, as well as idle trademarks that have been approved for registration for more than three years but have never been actually used, are all facing the risk of "three-year withdrawal" applications filed by others.

Although the "Trademark Law" allows any unit or individual to submit a "withdrawal" application to the Trademark Office, at the same time, Article 66 of the "Trademark Law Implementation Regulations" stipulates that units and individuals must submit a trademark withdrawal application to the Trademark Office. When applying for "Withdrawal of Three", you should explain the relevant circumstances of the trademark to the Trademark Office. After accepting the application for "Withdrawal of Three", the Trademark Office will issue a "Notice of Providing Evidence of Use of Registered Trademark" to the trademark holder. The trademark holder must Submit evidence of the use of the trademark before the cancellation application or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notice. If the evidence is not provided within the time limit or the evidence is invalid, the Trademark Office will revoke the trademark. Registered trademark.

So, what is valid evidence of “use”? Article 48 of my country’s Trademark Law stipulates the definition of “use” of a trademark, that is, “using a trademark for goods, product packaging, or On containers and commodity transaction documents, or using trademarks in advertising, exhibitions and other commercial activities to identify the source of goods. "Therefore, the use of trademarks that meet the above standards, such as liquor manufacturers printing on wine bottles. Trademarks, automobile manufacturing companies making trademarks into physical objects and inlaying them on the front of cars, companies repeatedly displaying their trademarks in advertising videos, etc. can all be submitted as evidence of trademark use.

In addition, the editor reminds everyone that when collecting evidence, you should pay attention to the consistency of the trademark and registered trademark reflected in the evidence, as well as the formation time of the evidence, etc., to ensure the validity of the "use" evidence. Only in this way can we ensure that the trademark will not be "withdrawn" to the greatest extent.

It is worth noting that the legal provisions related to "withdrawal of three" also stipulate special circumstances under which a registered trademark can not be used for three consecutive years, which is what the "Trademark Law" refers to as "having "Justifiable reasons" for not using a registered trademark.

According to Article 67 of the "Regulations for the Implementation of the Trademark Law", non-use of a registered trademark for three consecutive years due to force majeure, government policy restrictions, bankruptcy and liquidation, etc., is considered a "justifiable reason". The trademark will not be revoked. If a registered drug trademark has not been used for three consecutive years due to drug marketing approval and other reasons, it is considered "justifiable" and will not be revoked due to the "withdrawal of three" clauses.

As we all know, registered trademarks are exclusive, unique and exclusive, and other companies and individuals cannot use them without permission or authorization. If a registered trademark is not used for three consecutive years without legitimate reasons, it will not only prevent the registered trademark from exerting its value, but will also affect the companies and individuals who want to register and use the trademark, resulting in a huge waste of trademark resources. In the final analysis, the purpose of the "withdrawal of three" clauses in the Trademark Law is only to clean up idle trademarks and reduce the waste of trademark resources. The editor hereby also advises companies and individuals to regulate the use of registered trademarks, and at the same time, not to compete for business Or they may seize trademark resources and blindly submit applications for "withdrawal of the three trademarks", which is a waste of national public resources.