There are two differences between trademark cancellation and trademark revocation, namely: 1. Essentially different. Trademark cancellation is mandatory. Trademark cancellation is an individual or company’s initiative to apply for cancellation of a trademark that is no longer in use; 2. The procedures are different. Trademark cancellation usually occurs when a trademark is successfully registered despite insufficient conditions. After review and review, the Trademark Office will cancel the trademark ex officio. Trademark cancellation is a legal procedure in which the Trademark Office cancels or partially cancels a registered trademark based on the application of the trademark registrant or others.
1. The difference between trademark cancellation and trademark revocation
1. There are two differences between trademark cancellation and trademark revocation, which are:
(1) Essentials different. Trademark cancellation is mandatory, and trademark cancellation is an individual or company’s initiative to apply for cancellation of a trademark that is no longer in use;
(2) The procedures are different. Trademark cancellation usually occurs when a trademark is successfully registered despite insufficient conditions. After review and review, the Trademark Office will cancel the trademark ex officio. Trademark cancellation is a legal procedure in which the Trademark Office cancels or partially cancels a registered trademark based on the application of the trademark registrant or others.
2. Legal basis: Article 7 of the "Several Provisions on Regulating the Application for Registration of Trademarks"
For registered trademarks, due to violations of these regulations, a complaint is filed within the legal period If an application is made to declare a registered trademark invalid, if the trademark registration department deems that the reasons for invalidation are established after review, it shall make a ruling declaring the registered trademark invalid in accordance with the law.
Article 10
If a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the trademark registration department to cancel the registered trademark.
2. What are the reasons for trademark cancellation?
The reasons for trademark cancellation generally include:
1. Dispute cancellation. Disputed cancellation means that after a trademark is registered, a dispute is raised due to certain legal reasons, resulting in the trademark being canceled and no longer enjoying the exclusive right to use the trademark;
2. Cancellation of use. Cancellation of use means that the exclusive right to use a registered trademark has been revoked by the Trademark Office due to violation of certain legal provisions during use.