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How to deal with trademark revocation?

Trademark withdrawal means that the State Trademark Administration, in accordance with the provisions of Article 44 (4) of the Trademark Law of the People's Republic of China, has successfully registered (that is, has legally obtained trademark registration). certificate) trademark, a notice of revocation will be issued on the grounds of non-use for three consecutive years. However, under normal circumstances, the State Trademark Office will not notify the revocation of a registered trademark on its own. Usually, other companies or individuals apply to the State Trademark Office (mostly competitors of the trademark). After the State Trademark Administration accepts the application, it will issue a "Notice on Providing Evidence of Use of the Registered Trademark" to the trademark registrant whose trademark is proposed to be withdrawn.

The trademark withdrawal defense means that the trademark registrant, after receiving the "Notice on Providing Evidence of Use of Registered Trademarks" issued by the State Trademark Administration, refers to the "Instructions for Providing Evidence of Use of Trademarks" on the back of the notice, and Submit to the State Trademark Administration within two months evidence of the use of the trademark on protected goods in the past three years, or prove that there are legitimate reasons for non-use. At the same time, the "Notice on Providing Evidence of Use of Registered Trademarks" needs to be returned. Submit it to the State Trademark Administration for ruling.

If the following circumstances occur, it will be deemed to be automatically abandoned, and the trademark will be automatically revoked and become invalid.

1. Failure to provide evidence of use after the expiration date; 2. The evidence of use provided is false or invalid; 3. Failure to provide evidence of non-use beyond the expiration date.

Documents required for three-year use defense of trademark cancellation: copy of business license/ID card, original "Notice on Providing Evidence of Use of Registered Trademark" and envelope, which can prove what the respondent is applying for cancellation of the trademark. Evidence materials related to facts and reasons (including: pictures or related materials of trademark use, trademark printing situation, production and sales of trademark products, trademark product transaction documents, trademark use license contracts, trademark product promotion evidence, etc.) List of evidence materials, agents provided by the institution).

Cancellation of the "Application for Cancellation of a Registered Trademark that Has Stopped Use for Three Consecutive Years" and "Trademark Agency Power of Attorney" (provided by the agency) signed by the trademark applicant, and the "Cancellation of Registration of Stopped Use of a Trademark for Three Consecutive Three Years" signed by the respondent "Trademark Defense Letter", "Trademark Agency Power of Attorney" (provided by the agency)

Procedure procedures: The respondent and the agency sign the "Agency Contract" - payment - the respondent submits relevant information and signs "Trademark Agency Power of Attorney" - a standard document produced by the agency - reported to the State Trademark Office - the State Trademark Office will make a decision (if the party is dissatisfied with the decision made by the Trademark Office, it can revoke it within 15 days from the date of receipt of the decision) Apply to the Trademark Review and Adjudication Board for review).