the use of trademarks mentioned above includes the use of trademarks in commodities, commodity packages or containers and commodity trading documents, or the use of trademarks in advertising, exhibitions and other business activities. In essence, the use of trademarks should be of commercial significance. The mere publication of trademark registration information or the declaration of rights made by a trademark registrant on its registered trademark should not be regarded as the use of a trademark in the sense of trademark law.
The above-mentioned review of the time for stopping using a registered trademark for three consecutive years is three years from the date when the Trademark Office receives the application document for canceling the use of a registered trademark for three consecutive years. If a trademark registrant starts to use its registered trademark after it has been revoked on the grounds of "not using it for three consecutive years", its use behavior is invalid.
after the Trademark Office receives the application for revocation filed by the applicant, it will notify the trademark registrant, and it is limited to provide evidence of the use of the trademark within the above three years or the justified reasons for not using it within two months from the date of receiving the notice. If the use evidence is not provided within the time limit or the evidence is invalid, the Trademark Office shall revoke its registered trademark.
if a party refuses to accept the revocation decision of the trademark office, he may file a review with the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice of the decision. If the Trademark Review and Adjudication Board decides to uphold the revocation decision of the Trademark Office after trial, the party concerned may bring a suit in the Beijing No.1 Intermediate People's Court within 3 days from the date of receiving the decision. Documents and materials to be provided for revoking a trademark that has not been used for three consecutive years:
1. Power of Attorney for Trademark Agency: If a trademark agency is entrusted to act as an agent, a power of attorney stamped with the applicant's stamp is required. If an applicant from outside the mainland wants to apply for cancellation of not using a registered trademark for three consecutive years in China, he must entrust a trademark agency;
2. Application for Cancellation of Not Using a Registered Trademark for Three consecutive Years: If an agency is entrusted to apply for registration, it shall be made by the agency;
3. A copy of the Trademark Announcement of the registered trademark that has been revoked; And an explanation of the use of the revoked trademark.