Generally speaking, trademark withdrawal is just a request to revoke the trademark rights. Organizations and individuals can submit cancellation applications to the Trademark Office. You can also submit a cancellation application to the Trademark Office. Only the relevant departments need to review and explain the relevant reasons, and you can continue to use the trademark.

1. What is trademark withdrawal?

If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply for trademark revocation. Apply to revoke the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If special care needs to be extended, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

2. Specific analysis

1. Trademark revocation does not mean that the trademark rights will be revoked as soon as it is proposed. If the company has evidence of use of the trademark, this evidence does not mean that it is in compliance with the requirements. If there is basic proof of use, the company's trademark still has a chance to be protected. "Trademark withdrawal for three consecutive years" refers to the situation where a trademark has been revoked due to non-use for three consecutive years. Any unit or individual can submit a cancellation application to the Trademark Office. The "three-year non-use application for cancellation of registered trademarks" was formulated to save trademark resources and prevent trademarks from being idle and unused. However, the transferee of a trademark transfer must pay attention to whether this situation exists for the trademark.

2. Product packaging. Product packaging includes product packaging, service supplies packaging or containers, etc. If the production date is not printed on the packaging, it is difficult to use it as evidence of trademark use within a specific period, so other supporting evidence is needed.

3. Product inspection report. Product inspection reports issued by authoritative organizations such as superior quality supervision departments and industry associations to prove product quality can be used as direct evidence.

4. Contract. Contracts and agreements are important credentials and basis for economic entities to participate in economic activities, but the specific content of the trademark (such as name and registration number, etc.) must be clearly marked to leave effective evidence for the use of the trademark.

5. Certification materials for trademark printing. The certification materials printed on the trademark are also one of the evidences proving the use of the trademark. However, many merchants can only provide the physical object of the trademark but cannot provide the specific time of printing, so it cannot be accepted as valid evidence.

However, companies need to pay attention to the fact that the trademark evidence must also meet the requirements. If the company changes the trademark without authorization and uses a trademark that is inconsistent with the registered trademark, then these evidences will not be able to help the company protect its trademark rights. Therefore, use trademarks carefully.

3. Methods to Reduce the Risk of Trademark Withdrawal of Three Types of Trademarks

Trademark rights holders can, to a certain extent, reduce the risk of their trademarks being revoked in the "Trademark Withdrawal of Three Types of Trademarks" application:

1. When trademark owners use trademarks, they should promptly establish a trademark use evidence archive and save multiple aspects of use evidence to maintain the use and registration of their own trademarks.

2. If the registered trademark is licensed to others, it is recommended to file the trademark license with the State Intellectual Property Office as soon as possible. This kind of filing can at least remind others that the registered trademark is being used through licensing, which can reduce the chance of being "withdrawn" to a certain extent.

3. For some defensive trademarks, which are mainly to protect the trademark owner’s own brand but are not actually used on the relevant approved goods, the trademark owner can choose to register the trademark when the trademark registration is about to expire three years ago. In the year, the defense trademark was re-registered. Trademark management is a profound knowledge. In trademark practice, not only will you encounter "trademark withdrawals", from the search in the early stage of registration to the successful monitoring, change, and renewal of registration, you may be taken advantage of if you are not careful. However, most companies or rights holders have dozens or even hundreds or thousands of trademarks under their names. It takes a lot of energy to follow up on the deadlines of these trademarks in real time and monitor the same and similar infringing trademarks.

IV. Summary

When a trademark is withdrawn, the company should actively respond. Do not think that the trademark will be withdrawn because the trademark is used. If the company has evidence but does not submit it, , the trademark will still be revoked, and it is not worth losing the company's registered trademark like this.

Generally speaking, if a trademark is revoked, you may be deregistering the trademark because of malicious intent by your opponent or competing merchants. Therefore, when using a trademark, you must find out whether the trademark is still within the registration period. If it is not within the registration period, you can apply to the Trademark Office for re-registration or supplementary registration.

Legal Basis

Article 49, Paragraph 2 of the Trademark Law

The registered trademark becomes the common name of the goods approved for use or there is no legitimate reason If the trademark is not used for three consecutive years, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If special care needs to be extended, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.