When a company applies for a trademark, it may encounter trademark revocation. During the process of using the trademark, it may encounter trademark cancellation. So what do these two situations mean? Today, the editor will talk to you about the difference between the two:

1. First, trademark cancellation

The so-called trademark cancellation means that the trademark does not meet the registration conditions. However, when the registration is successfully carried out, if the Trademark Office finds that the application conditions are not met, it can cancel the trademark ex officio; other units or individuals can also request the Trademark Review and Adjudication Board to rule on canceling the registered trademark. There are three types of trademark cancellation: cancellation due to improper use, cancellation due to improper registration, and cancellation due to dispute.

Secondly, trademark cancellation

The so-called trademark cancellation refers to the legal procedure in which the Trademark Office cancels a registered trademark in whole or in part based on an application or if the trademark expires without renewal. Trademark cancellation includes two situations: cancellation upon application and cancellation by the Trademark Office.

3. Finally, what is the difference between trademark revocation and trademark cancellation?

First, after a trademark is revoked, it cannot be re-applied, but after a trademark is cancelled, it can be re-applied.

Second, for the trademark owner, trademark cancellation is a passive act (such as being ruled to revoke by the Trademark Office or someone else applies to cancel the trademark), while trademark cancellation is an active act (such as voluntarily giving up or Apply proactively).

Registered trademark cancellation can be divided into three types: cancellation due to improper use, cancellation due to improper registration, and cancellation due to dispute. Improper use of revocation means that if the words, graphics or combinations that constitute a registered trademark violate the trademark prohibition clause and violate the obligation to use the registered trademark reasonably, they should be revoked; revocation of improper registration includes revocation without a time limit and revocation with a time limit. Cancellation is mainly based on the provisions of Articles 10, 11, 12, 13, 15, 16, and 31 of the Trademark Law. Different cancellation methods are adopted; dispute cancellation means that the registrant of a previously registered trademark can revoke a later registration. File a dispute with an identical or similar trademark on the same or similar goods and request the Trademark Review and Adjudication Board to rule on canceling the later registered trademark.

Registered trademarks are canceled for the following two reasons:

1. Because the ten-year validity period of the registered trademark has expired, and the trademark owner did not apply for trademark renewal during the renewal or extension period. , causing the Trademark Office to assume that the right holder no longer claimed ownership of the registered trademark and canceled the trademark.

2. The right holder no longer needs to use the registered trademark and takes the initiative to apply for cancellation of the trademark.

One sentence summary: The reason for trademark cancellation is that it violates relevant laws and regulations, while trademark cancellation is due to no longer being used.

To sum up, we can know that the reason for trademark cancellation is that it violates relevant laws and regulations, and trademark cancellation is due to no longer being used. Okay, that’s all for today. If you want to know more about trademarks, you can go to our Bajie Intellectual Property Trademark Transfer Network.