There are three types of trademark cancellation procedures: filing an application with the Trademark Office, where the registrant has died or terminated for more than one year and has not completed the trademark transfer procedures, and where the trademark has not been renewed upon expiration. They are as follows:
1. If a trademark registrant applies to cancel his registered trademark, he should apply to the Trademark Office in accordance with the provisions of Article 46 of the "Regulations for the Implementation of the Trademark Law". The registered trademark can be canceled. It is a complete cancellation, or it can be a partial cancellation of specified goods or services.
After the cancellation application is approved by the Trademark Office, the exclusive right to use the registered trademark or the validity of the exclusive right to use the registered trademark on some designated goods will terminate from the date of the cancellation application.
2. According to Article 47 of the "Regulations for the Implementation of the Trademark Law", if the registrant has died or terminated for more than one year and has not completed the trademark transfer procedures, anyone may apply to the Trademark Office Cancel the trademark. When applying to the Trademark Office for cancellation of a trademark, evidence of the death or termination of the trademark registrant must be submitted.
For a registered trademark that has been canceled with the approval of the Trademark Office, the exclusive right shall terminate from the date of death or termination of the trademark registrant.
3. According to Article 38 of the "Regulations for the Implementation of the Trademark Law", after the validity period of a registered trademark expires, if no renewal application is submitted within the extension period prescribed by law, the trademark will be cancelled.
Article 47 If the trademark registrant dies or terminates, and one year expires from the date of death or termination, and the registered trademark has not been transferred, anyone may apply to the Trademark Office to cancel the trademark. Registered trademark. When applying for cancellation, evidence regarding the death or termination of the trademark registrant must be submitted.
If a registered trademark is canceled due to the death or termination of the trademark registrant, the exclusive right to use the registered trademark shall terminate from the date of the death or termination of the trademark registrant.
Article 48 If a registered trademark is revoked or canceled in accordance with the provisions of Articles 46 and 47 of these Regulations, the original "Trademark Registration Certificate" shall be invalid; the cancellation of the trademark shall be in part If the trademark is registered on designated goods, or if the trademark registrant applies to cancel the registration of his trademark on some designated goods, the Trademark Office will annotate the original "Trademark Registration Certificate" and return it, or re-issue the "Trademark Registration Certificate" and issue it. announcement.
What are the procedures for trademark cancellation? We have answered this question for you here. If you have more questions about trademarks, you can continue to pay attention to intellectual property rights, or contact us by phone. Trademark Cancellation Process Text Trademark Cancellation