1. Discontinuation of use for three consecutive years means that a registered trademark ceases to be used within its validity period, and this behavior continues for more than three consecutive years. The calculation method of three years is generally three years from the date of applying for cancellation of a registered trademark.
The trademark of Zhejiang enterprise is revoked, and the trademark will be revoked only if the following conditions are met.
(1) must be discontinued for three consecutive years. That is to say, the behavior of stopping using is continuous for more than three years, not intermittent, but accumulated for more than three years.
(2) As for the calculation of three years, it is generally believed that the calculation of three years should be pushed forward for three years from the date of applying for cancellation of a registered trademark. For example, if the applicant applies to the Trademark Office for cancellation of a registered trademark on July 20 15 1 0, then it should be from July 20 12/day to July 20 1 5, 65438, to determine whether there is a time period to stop using it first.
(3) Understanding of stopping using. Stopping the use in use should be the standardized use of registered trademarks.
(4) Stop using it without justifiable reasons. According to the provisions of Article 66 of the Regulations on the Implementation of Trademarks, the evidential materials used by registered trademark holders or the justified reasons for their inapplicability shall not be revoked.
So how to remedy the Zhejiang enterprise trademark after it is revoked?
Article 54 of the Trademark Law stipulates that anyone who is dissatisfied with the decision made by the Trademark Office at that time to revoke or not to revoke a registered trademark may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. It can be seen that no matter whether the Trademark Office finally decides to revoke the registered trademark or not, the parties concerned have the right to apply to the Trademark Review and Adjudication Board for reexamination.
If the party concerned still refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice from the Trademark Review and Adjudication Board according to the provisions of Article 54 of the Trademark Law.
Ok, that's all for today. Will the trademark of Zhejiang enterprise be revoked if it is not used for three consecutive years? If you want to know more about trademarks, laws and regulations, you can go to our Bajie Intellectual Property Trademark Transfer Network to inquire.