Trademark cancellation fees

Are there any fees to be charged for the cancellation of a trademark? How to apply for the cancellation of a trademark? The editor will share with you the compiled trademark cancellation fees. Welcome to read, for reference only!

Answer: The cost depends on the actual situation

How to defend a trademark opposition?

When the trademark applied for registration passes the preliminary examination and enters the three-month opposition period after the preliminary announcement, Once an objection is filed by others, the trademark opposition procedure will be initiated. The trademark applied for registration becomes an opposed trademark. Even if a registration announcement has been published, the registration announcement is invalid (Note: In order to publish the "Trademark Announcement" on time, the "Trademark Registration Announcement" is often published a few days before the expiration of the opposition period. The printed version will be arranged every day. When someone else’s trademark objection is filed a few days before or even the last day of the opposition deadline, plus the time required for mailing, there will be a situation where both the objection and the registration announcement will be filed. ). Whether the applicant can obtain the exclusive right to use the trademark depends on the Trademark Office’s ruling on opposition to the trademark.

After accepting the trademark opposition application, the Trademark Office will promptly send the opponent’s “trademark opposition application” and copies of the reasons for the objection and evidence materials to the opponent. The opponent will be limited to receiving A reply must be made within 30 days from the date of the copy of the trademark objection letter, etc. If the opponent fails to make a written reply within the limited time limit, it will be deemed to have waived the right to reply, and the objection procedure will continue as usual.

The respondent's defense should contain the following contents:

1. The subject qualifications of the person

Must be the respondent or the person legally entrusted by the respondent agent.

If you entrust a trademark agency to defend the trademark objection, you must attach a "Trademark Agency Power of Attorney".

The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.

2. Have clear reasons for objection

In response to the objection reasons and evidence materials in the trademark opposition application form, the opposed party should provide corresponding defense reasons and evidence The adequacy of the materials, defense reasons and evidentiary materials may play a decisive role in the objection case.

3. Time limit for defense

The "Trademark Law" stipulates that the opposed party must submit defense materials to the Trademark Office within 30 days from the date of receipt of the trademark objection letter. According to the provisions of Article 10 of the "Regulations for the Implementation of the Trademark Law", if the party directly submits the defense and relevant evidence materials, the date of submission shall prevail; if it is mailed, the date of the postmark shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail. However, this is excepted if the party concerned can provide evidence of the actual postmark date. Although the law stipulates this proviso, the parties concerned should try their best to send the objection reply within the objection period and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent's defense materials are submitted by mail and the postmark date is unclear, the date of actual receipt by the Trademark Office will be the date of defense. If the actual receipt date exceeds the statutory opposition period, it may result in a ruling being made, which will inevitably have an adverse impact on the interested parties and will also have a negative impact on the Trademark Office’s opposition review work.

Regardless of whether the opposed party fails to respond or fails to respond within the prescribed time limit, the Trademark Office will make a ruling in accordance with the law.

What should you pay attention to when submitting trademark opposition defense materials?

The envelope with a copy of the trademark opposition letter sent by the Trademark Office (to determine whether the defense is filed within the specified time limit) must be accompanied by the opposition defense and Send the materials together to the Trademark Office. If there are foreign language documents in the defense materials provided by the objected party, they must be translated into Chinese. Otherwise, the foreign language objection defense will not be used as objection defense materials and will be returned to the party concerned. (See: "Notice on Trademark Opposition Documents in Chinese and Foreign Languages ??Should Be Attached with Chinese Translations" issued by the Trademark Office of the State Administration for Industry and Commerce on January 14, 1997)

Statement and Submission Time Limit for Supplementary Evidence Materials

According to the provisions of Article 22, Paragraph 2 of the Trademark Law, if the party needs to supplement relevant evidence materials after filing an opposition defense, it shall declare it in the opposition defense and 3 days from the date of submission of the opposition defense. Monthly submission; if it is not submitted within the time limit, the party concerned shall be deemed to have given the request to supplement relevant evidence materials. When the Trademark Office does not accept the supplementary defense materials and the objection is established, the opposed party may apply to the Trademark Review and Adjudication Board for review and submit the proposed supplementary materials to the Trademark Review and Adjudication Board.

What are the provisions for trademark cancellation review?

If a trademark registrant is dissatisfied with the Trademark Office’s decision to cancel a registered trademark in accordance with Article 41 of the Trademark Law, he may Within thirty days from the date of notification of the decision, our firm will be entrusted to file a reexamination application with the Trademark Review and Adjudication Board in accordance with the law.

Review of improper registration cancellation does not include trademarks that have been canceled by the Trademark Review and Adjudication Board’s dispute adjudication procedures and improper registration procedures.

The applicant for review of a canceled registered trademark refers to the original trademark registrant whose trademark was canceled by the Trademark Office. The review of the cancellation of a registered trademark mainly focuses on whether the registered trademark has ceased to be used continuously and whether the use of the registered trademark violates the relevant provisions of the Trademark Law.

If the party concerned is dissatisfied with the ruling made by the Trademark Office within the statutory period, he may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party.

1. "Application for Cancellation of Trademark Registration Review" and "Agency Letter of Attorney".

2. Attached is the Trademark Office’s Decision to Cancel a Registered Trademark.

3. Provide corresponding supporting materials and physical evidence.

The application form and power of attorney required for the above applications are provided by our firm and signed by the president of the company or the seal of the enterprise.

4. Withdraw the trademark review application.

5. Application for extension of trademark review.

6. Application for adjudication of registered trademark disputes.

7. Application for case defense.

The above is the trademark cancellation fee provided by the editor. I hope it can be helpful to everyone.

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