What is trademark cancellation

Trademark cancellation refers to the legal procedure in which the Trademark Office cancels or partially cancels a registered trademark based on the application of the trademark registrant or others.

According to Article 10 of the "Regulations for the Implementation of the Trademark Law", the date of application for cancellation shall be the date of submission or the date of the postmark. Types of registered trademark cancellation

Registered trademark cancellation includes cancellation upon application and cancellation by the Trademark Office.

Active cancellation by the Trademark Office means that the trademark registrant applies to the Trademark Office for cancellation without using the registered trademark, or if the registered trademark expires and the trademark registrant fails to apply for renewal, the Trademark Office shall, based on the application or the law, It stipulates the legal procedure for canceling the registration of the registered trademark from the "Trademark Register".

Canceling a registered trademark upon application is an act of the trademark registrant voluntarily giving up the exclusive right to use the trademark. Partial cancellation of a registered trademark refers to the trademark registrant’s application to cancel the exclusive right to use a registered trademark on some designated goods. In this case, Factory A’s application constituted partial cancellation of a registered trademark, and its behavior complied with legal provisions.

If a registered trademark is cancelled, the original "Trademark Registration Certificate" will be invalid; if the trademark registrant applies to cancel the registration of his trademark on some designated goods, the Trademark Office will annotate the original "Trademark Registration Certificate" and return it. , or re-issue the "Trademark Registration Certificate" and make an announcement. Procedures for canceling registered trademarks

There are three different procedures for canceling registered trademarks

(1) If a trademark registrant applies to cancel his registered trademark, he shall follow Article 1 of the "Regulations on the Implementation of the Trademark Law" According to the provisions of Article 46, an application may be made to the Trademark Office to cancel a registered trademark, either as a whole or as part of designated goods or services.

After the cancellation application is approved by the Trademark Office, the exclusive right to use the registered trademark or the validity of the exclusive right to use the registered trademark on some designated goods will terminate from the date of the cancellation application.

(2) According to the provisions of Article 47 of the "Regulations for the Implementation of the Trademark Law", if the registrant has died or terminated for more than one year and has not completed the trademark transfer procedures, any person may apply to the Trademark Office Apply to cancel the trademark. When applying to the Trademark Office for cancellation of a trademark, evidence of the death or termination of the trademark registrant must be submitted.

For a registered trademark that has been canceled with the approval of the Trademark Office, the exclusive right shall terminate from the date of death or termination of the trademark registrant.

(3) According to Article 38 of the "Regulations for the Implementation of the Trademark Law", if a registered trademark has expired and no renewal application has been submitted within the extension period prescribed by law, the trademark will be cancelled. .

This is a cancellation action made by the Trademark Office in view of the fact that the registered trademark has expired. No application is required. The validity of the exclusive right to use the registered trademark will terminate from the day after the expiration date. Acceptance and review of trademark cancellation

(1) Acceptance of cancellation applications

Applicants can directly go to the Trademark Office of the State Administration for Industry and Commerce to apply for cancellation, or they can entrust an agency to handle the cancellation. Apply. According to Article 18 of the Trademark Law, foreigners or foreign enterprises should entrust a state-recognized organization with trademark agency qualifications to act as their agent. There is no need to pay any trademark fees for cancellation application.

If a registrant applies to cancel his registered trademark or some designated goods, he should submit the following documents:

1: Application for cancellation;

2: Direct application If an agency is entrusted to handle the application, a copy of the applicant's valid identity document should be attached, as well as a copy of the handler's identity card; , a trademark agency power of attorney should also be attached;

4: Return the original "Trademark Registration Certificate". If it cannot be returned, the reason should be explained;

5: ***Has a trademark When a registrant applies for cancellation, the representative should handle the application procedures, but written authorization from other registrants must be attached.

(2) Review of cancellation application

If the cancellation application meets the following requirements, the Trademark Office will approve it, issue a corresponding notice, and make an announcement:

1: The application form is complete and in compliance with the regulations;

2: The name of the applicant is consistent with the name of the registrant registered in the Trademark Office file;

3: If the name is inconsistent, a registration document should be attached Change certification document issued by the agency;

4: The trademark applied for cancellation is a valid registered trademark;

5: If applying for partial cancellation, the canceled goods/services filled in the application form must be the same as the registered trademark The goods/services specified at the time are consistent with the goods/services specified.

After review, if the cancellation application does not meet the above provisions, it will not be approved and a return notice will be issued.

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