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How do enterprises apply for cancellation of trademarks?
1. how do the parties apply for cancellation of the trademark? Trademark cancellation refers to the legal procedure that the Trademark Office cancels or partially cancels a registered trademark according to the application of the trademark registrant himself or others. According to Article 1 of the Regulations for the Implementation of the Trademark Law, the date of application for cancellation shall be based on the date of submission or the date of postmark. The applicant can apply for cancellation directly at the Trademark Office of the State Administration for Industry and Commerce, or entrust an agency to apply for cancellation. According to Article 18 of the Trademark Law, foreigners or foreign enterprises shall entrust an organization recognized by the state with the qualification of trademark agency. There is no need to pay any trademark fees for cancellation application. 2. What materials should I prepare to apply for trademark registration? If a registrant applies for cancellation of its registered trademark or some designated goods, it shall submit the following documents: 1. Application for cancellation; 2. For direct handling, a copy of the applicant's valid ID card and a copy of the ID card of the agent shall be attached; 3. If an agency is entrusted, a copy of the applicant's valid identity certificate should be attached, as well as a trademark agency power of attorney; 4. Return the original Trademark Registration Certificate; if it cannot be returned, the reasons shall be explained; 5. When a registrant with a trademark applies for cancellation, the representative shall go through the application procedures, but the written authorization of other registrants is required. 3. What are the types of trademark registration? Cancellation of registered trademarks includes cancellation upon application and voluntary cancellation by the Trademark Office. 1. The voluntary cancellation of the Trademark Office refers to the legal procedure that a trademark registrant applies to the Trademark Office for cancellation without using a registered trademark, or if the registered trademark expires and the trademark registrant fails to apply for renewal, the Trademark Office will cancel the registered items of the registered trademark from the Trademark Register according to the application or legal provisions. 2. The application for cancellation of a registered trademark 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 act of a trademark registrant applying for cancellation of its exclusive right to use a registered trademark on some designated goods. In this case, the application of a factory belongs to the partial cancellation of the registered trademark, and its behavior is in line with the law. Where a registered trademark is cancelled, the original Trademark Registration Certificate shall be invalid; Where a trademark registrant applies to cancel the registration of its trademark on some designated commodities, the Trademark Office shall return the original Trademark Registration Certificate with a note, or reissue the Trademark Registration Certificate and make an announcement. To sum up, if an enterprise does not continue to use a trademark, it should go through the formalities of trademark cancellation in order to prevent unnecessary disputes. To apply for the cancellation of a trademark, you can submit the cancellation materials directly to the Trademark Office. If it is inconvenient for the enterprise to handle it by itself, it may entrust an agency. The Trademark Office will conduct an examination after accepting it. If it meets the requirements, it will withdraw the trademark registration certificate and make an announcement.