Current location - Trademark Inquiry Complete Network - Trademark inquiry - What will happen if you don’t use it after applying for a trademark?
What will happen if you don’t use it after applying for a trademark?

Depending on the situation, if it is not used for 3 years, it can be withdrawn for three years! You can also submit a declaration of invalidity, etc.

The management regulations on trademark use in Chapter 7 of the "Trademark Law" are as follows:

Article 66 There are provisions in Article 49 of the Trademark Law If a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark, and the relevant circumstances must be explained when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notification; if no evidence of use is provided upon expiration of the period, If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office will revoke the registered trademark.

The evidence materials of use referred to in the preceding paragraph include evidence materials that the trademark registrant uses the registered trademark and evidence materials that the trademark registrant permits others to use the registered trademark.

If you apply for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justifiable reasons, the application should be made three years from the date of announcement of the registration of the registered trademark.

Article 67 The following circumstances are legitimate reasons stipulated in Article 49 of the Trademark Law:

(1) Force majeure;

(2) Government Policy restrictions;

(3) Bankruptcy and liquidation;

(4) Other legitimate reasons that cannot be attributed to the trademark registrant.

Article 68 If the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark or declares a registered trademark invalid, and the reasons for the cancellation or invalidation only apply to some designated goods, the trademark used on those designated goods shall The trademark registration shall be revoked or declared invalid.

Article 69: When licensing others to use its registered trademark, the licensor shall file and submit filing materials to the Trademark Office within the validity period of the license contract. The filing materials should describe the licensor and licensee of the registered trademark, the license period, the scope of licensed goods or services, and other matters.

Article 70: If the exclusive right to use a registered trademark is pledged, the pledger and the pledgee shall sign a written pledge contract and simultaneously submit an application for registration of the pledge to the Trademark Office. Bureau announcement.

Article 71 Anyone who violates the provisions of Paragraph 2 of Article 43 of the Trademark Law shall be ordered by the industrial and commercial administration department to make corrections within a time limit; if corrections are not made within the time limit, the company shall be ordered to stop sales. If it refuses to stop sales, A fine of not more than RMB 100,000 shall be imposed.

Article 72: If a trademark holder requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he may submit a request to the industrial and commercial administration department. If the trademark is recognized as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the industrial and commercial administration department shall order it to stop using the trademark in violation of Article 13 of the Trademark Law, confiscate and destroy the illegally used trademark logo; the trademark logo and the goods Those that are difficult to separate will be confiscated and destroyed together.

Article 73 If a trademark registrant applies to cancel its registered trademark or cancel the registration of its trademark on some designated goods, it shall submit a trademark cancellation application to the Trademark Office and return the original "Trademark Registration" certificate".

If a trademark registrant applies to cancel its registered trademark or cancel the registration of its trademark on some designated goods, and the cancellation is approved by the Trademark Office, the exclusive right to use the registered trademark or the exclusive right to use the registered trademark will not apply to that part of the designated goods. The validity of the above shall terminate from the date when the Trademark Office receives its cancellation application.

Article 74: If a registered trademark is revoked or canceled in accordance with the provisions of Article 73 of these Regulations, the original "Trademark Registration Certificate" shall be invalidated and announced; the trademark shall be revoked on some designated goods. If the trademark registrant applies to cancel the registration of his trademark on some designated goods, a new "Trademark Registration Certificate" will be issued and announced.