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Additional insurance brand and trademark terms
How can we avoid the risk of trademark revocation?

1, "Notice of Withdrawing the Third Reply" is sent directly to the trademark owner, so always pay attention to whether your registered address of trademark transfer is the place where you can receive such important documents, otherwise you will miss the legal reply period, fail to receive legal documents, fail to see the "Notice of Delivery", and your trademark will die, or even become someone else's trademark, and you don't know it yourself!

2. After the registration of the trademark, have you used it, have you standardized the use, and have you kept the evidence of use! This is the same problem faced by many fast-growing enterprises, and often the evidence is only used when it is used.

Article 48 of China's current Trademark Law stipulates: "The use of trademarks mentioned in this Law refers to the use of trademarks in commodities, commodity packaging or containers, commodity trading documents, or in commercial activities such as advertisements and exhibitions to identify the source of commodities." "Use" is the core of the "Withdrawal of Three" clause. The specific evidence and materials of "use" include:

For example, your trademark is used on the outer packaging, containers and labels of goods, or on the additional signs, product manuals and brochures of goods;

Or on the transaction documents related to commodity sales, including: agreements for commodity sales, invoices, bills, receipts, documents, commodity import and export quarantine certificates, customs declarations, etc.;

Or in radio, television, magazines, newspapers and billboards, mail advertisements and other media or advertising methods for the actual use of trademarks of goods or services for advertising (newspapers and periodicals should be approved by the press and publication department);

Or provide printed materials, photos, etc. using materials such as trademarks. In exhibitions and exhibitions (holding exhibitions and exhibitions shall be approved by the relevant administrative departments of governments at all levels).

In addition, I would like to remind you that when collecting evidence, we should pay attention to the consistency between trademarks and registered trademarks, as well as the formation time of evidence, so as to ensure the effectiveness of the "use" evidence, so as to ensure that the trademark will not be "revoked" to the greatest extent.

3. Now, due to the long time of trademark registration, many uncertain factors and the business needs of enterprises, "defensive trademarks" and "reserved trademarks" have gradually appeared, and the "diachronic legacy trademarks" after brand replacement and upgrading have become victims of "withdrawal". Therefore, it is necessary to supplement the registration in time.

4. Article 67 of the Regulations for the Implementation of the Trademark Law stipulates that if a registered trademark has not been used for three consecutive years due to force majeure, government policy restrictions, bankruptcy liquidation and other reasons, it is "justified" and the trademark will not be revoked. If the registered trademark of a drug has not been used for three consecutive years due to the approval of the drug's listing, it is "legitimate" and will not be revoked because of the "withdrawal of three" clause. If you temporarily stop using the trademark because of the earthquake, national policies and other reasons, it can be regarded as a "legitimate reason for not using it", and the trademark is not revoked, provided that you keep the evidence well, otherwise it is unreasonable, because you don't know when the "revocation" will come and when your trademark will be used normally!

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.