The continuous and standardized use of a trademark after registration is the prerequisite for the trademark to play its due role and the obligation of the trademark registrant. The competent trademark authority may revoke the registration of a trademark that is not used continuously and regularly according to law. Article 49 of the new Trademark Law clearly stipulates:' Where a trademark registrant changes the registered trademark, the registrant's name, address or other registered items without authorization in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office. Any unit or individual may apply to the Trademark Office for cancellation of a registered trademark if it becomes the common name of a commodity approved for use or if it is not used for three consecutive years without justifiable reasons.

This article was revised on the basis of Article 44 of the original Trademark Law. The original Article 44 stipulates that' if a registered trademark is used in one of the following acts, the Trademark Office shall order it to correct or cancel its registered trademark within a time limit: (1) changing the registered trademark on its own; (2) Changing the name, address or other registered items of the registrant of a registered trademark; (3) Transferring a registered trademark by itself; (four) stop using for three consecutive years.

Trademark experts pointed out that this revision, first, changed the original provision of ordering the Trademark Office to correct or revoke its registered trademark within a time limit to first order the Trademark Office to correct within a time limit; If it fails to make corrections within the time limit, the Trademark Office will "revoke its registered trademark"; Second, the provisions of the original article 3 on' automatic transfer of registered trademarks' have been deleted; Third, if' registered trademark becomes the common name of the goods approved for use' is added, any unit or individual can apply for cancellation of the registered trademark. In addition, the provision in Article 45 of the original Trademark Law that "if a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, its registration may be revoked" has also been deleted.

According to the provisions of Article 49, the condition for revoking a registered trademark is that the trademark registrant has committed an illegal act in the process of using the registered trademark. Specifically, it includes the following aspects: First, a registered trademark changes itself during use. In accordance with the provisions of this law, if the logo of a registered trademark needs to be changed, a new application for registration shall be filed; This Law prohibits changing a registered trademark without reapplying for registration. The second is to change the name or address of the registrant. If the name or address of the registrant is changed, an application for change shall be filed. Any act of changing oneself is prohibited by this law and should bear corresponding legal consequences. The third is to change other registered items, such as agency. Fourth, a registered trademark becomes the common name of the goods it is approved to use, and the law will regulate it. Fifth, a registered trademark will be revoked if it is not used for three consecutive years without justifiable reasons.

According to different situations, Article 49 of the new Trademark Law also stipulates different revocation procedures. Where a trademark is revoked due to the change of registered items, the Trademark Office shall first order it to make corrections within a time limit. If the party concerned fails to make corrections within the time limit prescribed by the Trademark Office, the Trademark Office shall take the initiative to cancel its registered trademark.

Ordering correction within a time limit means that the Trademark Office stops and corrects the illegal acts in the use of trademarks, that is, it restricts the violators from correcting their illegal acts within a certain period of time to make their acts conform to the provisions of the Trademark Law. Lawyer Chen Jiajin, a trademark expert, said.

For generic names and cases where they are not used for three years,' any unit or individual may apply to the Trademark Office to cancel the registered trademark'.

For passive revocation, Article 49 also stipulates that the Trademark Office shall make a decision within nine months after receiving the application for revocation. There are special circumstances need to extend the time limit, approved by the administrative department for Industry and Commerce of the State Council, can be extended for three months.

After a trademark is revoked, its exclusive right to use a trademark no longer exists. In this case, if any other entity or individual applies for the registration of a trademark that is identical with or similar to the trademark, there is no conflict of rights and it should be allowed. However, the revoked registered trademark, after all, has been used before, and has a certain influence on the market to some extent. In order to maintain the market economic order, protect the interests of consumers and prevent unnecessary misunderstandings and losses, it is necessary to impose certain restrictions on trademark registration applications that are identical or similar to the trademark within a certain period of time. Therefore, Article 50 of the new Trademark Law stipulates that if a registered trademark is revoked, the application for trademark registration that is the same as or similar to the trademark shall not be approved within one year.