What if the trademark is not used for three years?
A: Many trademark registrants may have a misunderstanding, that is, "once a trademark is registered, it will rest easy", but this is not the case. Once a trademark has ceased to be used for three consecutive years in the case of Item (4) of Article 44 of the Trademark Law, the Trademark Office may revoke the registered trademark; Anyone can also apply to the Trademark Office for cancellation of a registered trademark. After receiving the application, the Trademark Office will notify the trademark registrant to provide the use certificate within a time limit. If the certificate is not provided within the time limit or the certificate is invalid, the registered trademark shall be revoked. Of course, registrants don't have to worry about this situation, as long as they show relevant certificates to the Trademark Office. 1. The use of registered trademarks includes the registrant's own use and the permission of others. Where a trademark is licensed to others, a trademark license contract may be submitted. The evidential effect of a license contract filed by the Trademark Office is far better than that of an unregistered contract. However, if only the trademark is licensed for use, it will not be regarded as use unless the above-mentioned use evidence materials are submitted at the same time. 2, the use time of the trademark. If someone has filed an application for the cancellation of a trademark for three years, the evidence provided by the trademark owner must be within the first three years from the date of filing the application for the cancellation of the trademark for three years, and it will not be considered as valid evidence after or after that. Therefore, if your trademark needs to be used once every two years, keep good evidence, and you are not afraid to be revoked after three years. 3. Trademark design. Trademark is a symbol to distinguish the source of goods. Therefore, the use of trademarks is naturally inseparable from the logo itself. Because the evidence provided by the certificate must clearly reflect the pattern of the trademark, it is best to use the trademark and registered trademark completely. Of course, if the overall distinctiveness identification part has not changed, it should also be regarded as the use of the registered trademark in law. 4. Use area. Trademark protection is regional. A trademark registered in China can only be regarded as the use of a trademark if it is used in China. Therefore, when providing evidence of use, we must choose the evidence of use formed in China. If the goods are completely exported, affixing a trademark to the goods in China or their packages or parcels is also regarded as the use of the trademark in China. In addition, because Hong Kong, Macao and Taiwan and Chinese mainland have different trademark legal systems, the use in Hong Kong, Macao and Taiwan cannot be used as evidence to maintain the effective use of registered trademarks in Chinese mainland. If you advertise on Internet pages and conduct e-commerce transactions, the timeliness and regionality of the use of online trademarks are still difficult to determine. Therefore, it is suggested that the online use of registered trademarks should be notarized regularly to preserve the evidence on the web page. In addition, there may be justified reasons for not using a registered trademark, which can be used as a defense basis for not using a registered trademark, such as stopping using it due to national policy restrictions or stopping using it due to irresistible circumstances such as bankruptcy liquidation. Iii. Some suggestions for trademark registered enterprises: 1. Establish an internal trademark management system and do a good job in the preservation of trademark files; 2. Pay attention to protecting trademarks and standardizing the use of trademarks in business activities; 3. Keep all kinds of publicity vouchers for trademark transactions.