What are the procedures and expenses of trademark revocation defense?
1. What are the procedures and expenses of trademark revocation defense? The official fee to be paid for the cancellation of a trademark is 1 yuan, which will be collected by the Trademark Office, and the entrusted agency will charge an appropriate service fee. The process of trademark revocation is: the applicant submits an application for revocation. The applicant gives evidence. The Trademark Office informs the registrant to reply and issues the Notice on Providing Evidence for the Use of a Registered Trademark. At this time, the registrant needs to submit the evidence for the actual use of the trademark within 2 months. The Trademark Office conducts evidence review and fact finding. If the registrant and the applicant have any objection to the decision, they can file an application for revocation review with the Trademark Review and Adjudication Board. According to Article 49 of the Trademark Law of the People's Republic of China, if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual can apply to the Trademark Office for revocation of the registered trademark. 2. Submit before the application for type trademark is rejected (defensive withdrawal 3) If the latter trademark is basically the same as or extremely similar to the earlier trademark, and it can be confirmed by trademark search that the earlier trademark is bound to be cited, it is proposed to apply for withdrawal 3 before the application for registration of the latter trademark is rejected, so as to cancel the registration of the earlier trademark before the substantive examination of the latter trademark by the Trademark Office and ensure the registration of the latter trademark. Submit after the trademark application is rejected (offensive withdrawal 3). If the trademark has been rejected by the Trademark Office citing the earlier trademark, the trademark applicant can file an application for revocation 3 for the cited trademark, and at the same time submit an application for rejection review to the Trademark Review and Adjudication Board (the Trademark Review and Adjudication Board has a period of about one and a half years) and request the Trademark Review and Adjudication Board to wait for the trial result of the revocation case by the Trademark Office; III. Documents submitted for trademark revocation 1. Cancellation of the application for stopping using the registered trademark for three consecutive years (the reason for revocation should be indicated) 2. The main qualification certificate (copy of business license, ID card, etc.) confirmed by the applicant's seal or signature; If it is entrusted to a trademark agency, a power of attorney for trademark agency shall be submitted; 3, directly to the trademark registration hall, submit the original and photocopy of the ID card of the agent (the original will be returned after comparison). Fourth, the time point when the application for withdrawal can be withdrawn 1. It can be withdrawn from the time when the applicant submits the application for withdrawal to the time when the Trademark Office issues the Notice on Providing Evidence for the Use of Registered Trademarks, usually about one and a half months to five months; 2. From the time when the Trademark Office issued the Notice on Providing Evidence for the Use of Registered Trademarks to the time when the Trademark Registrant submitted its defense, it usually took about 2 months, and a particularly clear and unified answer has not been obtained; 3. After the trademark registrant submits the use evidence, it can be withdrawn (revoked) if the registrant pleads on time; If the trademark registrant fails to reply on time, the trademark is legally revoked and the applicant cannot withdraw it; You need to pay a certain fee for this. Generally speaking, it is about 1 yuan, which is collected by that trademark office, but it is generally according to local standards, and there may be some discrepancies, but the difference is not very big. There is this hint when the specific process is handled, and you can follow this hint.