After a trademark is successfully registered, many people think that everything will be fine once they get the trademark registration certificate. As long as they renew it every 10 years, the exclusive rights to the trademark will belong to them forever. This is not the case. Obtaining a trademark registration certificate is the first step for the legal birth of a brand. Brand growth has just begun. Many individuals or companies register defensive trademarks for protection (not use) purposes, and have been approved for registration for up to three years. Idle trademarks that have been used for more than 10 years and have never been actually used may face the risk of trademark withdrawal.

Not using a registered trademark for three consecutive years means that a registered trademark is not used during its validity period, and this status continues for more than three years without interruption. How to determine whether a registered trademark has been used for three consecutive years? First, it is necessary to clarify what use of a trademark is. The use of trademarks refers to the commercial use of trademarks. This includes using trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or using trademarks in advertising, exhibitions, and other commercial activities to identify the source of commodities.

The specific forms of trademark use on designated goods include:

■Attaching the trademark to goods, product packaging, containers, etc. by direct affixing, engraving, branding or weaving. Labels, etc., or used on product labels, product manuals, introduction brochures, price lists, etc.;

■ Trademarks are used on transaction documents related to product sales, including use in product sales contracts, On invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.;

■ The trademark is used on radio, television and other media, or published in publicly issued publications, and on billboards , mailing advertisements or other advertising methods for trademarks or products using trademarks;

■ Use of trademarks at exhibitions and expos, including printed matter using the trademark provided at exhibitions and expositions and other information;

■ Other forms of trademark use that comply with legal provisions.

The specific forms of trademark use in designated services are:

■ The trademark is directly used in service places, including service introduction brochures, service place signs, store decorations, work On personnel clothing, posters, menus, price lists, lottery tickets, office stationery, letterheads and other supplies related to designated services;

■ The trademark is used on documents related to the service, such as invoices and remittances Documents, service provision agreements, repair and maintenance certificates, etc.;

■ The trademark is used on radio, television and other media, or published in publicly distributed publications, as well as on billboards, mail advertisements or other advertising methods Advertising for trademarks or services using trademarks;

■ Use of trademarks at exhibitions and expos, including printed matter and other materials using the trademark provided at exhibitions and expositions;

■ Other forms of trademark use that comply with legal provisions.

Evidence materials used to prove that the disputed trademark has not been used for three consecutive years should meet the following requirements:

1. Be able to show the use of the disputed trademark logo;

2. It can be shown that the disputed trademark is used on the designated goods/services;

3. It can be shown that the users of the disputed trademark include the trademark registrant himself , also includes others licensed by the trademark registrant. If others are allowed to use it, it should be able to prove the existence of the licensed use relationship;

4. The date of use of the disputed trademark can be shown, and it should be within three years from the date of cancellation of the application;< /p>

5. Be able to prove the use of the disputed trademark within the jurisdiction of the Trademark Law;

However, only submitting the following evidence will not be regarded as a trademark within the meaning of the Trademark Law Use:

1. Goods sales contract or service provision agreement or contract;

2. Written testimony;

3. Physical evidence that is difficult to identify whether it has been modified , audio-visual materials, website information, etc.;

4. Physical objects and replicas.

Another point is that the following situations are not considered trademark use in the sense of trademark law:

1. The publication of trademark registration information or the trademark registrant’s right to enjoy its registered trademark Statement of exclusive rights;

2. Not used in public commercial fields;

3. Only used as gifts;

4. Only transferred or licensed Behavior without actual use;

5. Symbolic use only for the purpose of maintaining trademark registration.

Finally, if the evidence of use submitted by the trademark registrant changes the main part and distinctive features of the registered trademark, it cannot be deemed as use of the registered trademark. If the trademark registrant uses the registered trademark on the goods approved for use, the registration on goods similar to the goods can be maintained. If a trademark registrant uses its registered trademark on similar goods other than the approved goods, it cannot be regarded as use of its registered trademark.

Conclusion:

Article 49 of the "Trademark Law" stipulates that "if a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, Any unit or individual can apply to the Trademark Office to cancel the registered trademark. "So don't think that after obtaining a trademark certificate, the trademark belongs to you. Standard and correct use of the trademark is the guarantee of the continuation of trademark rights.