Article 30 of my country’s Trademark Law stipulates: Anyone who uses a registered trademark and commits any of the following acts shall be ordered by the Trademark Office to make corrections within a time limit or cancel the registered trademark: If the trademark is stopped for three consecutive years. This legal provision corresponds to the type of case in practice, which is generally called "revocation of application for suspension of use of a registered trademark for three consecutive years", abbreviated as "revocation of non-use for three years", commonly known as "revocation of three years".

1. Three ways to apply for trademark withdrawal:

There are two ways to apply for cancellation of a registered trademark that has been stopped for three consecutive years:

(1) Entrust it to the Trademark Office Registered trademark agency handles the matter.

(2) The applicant goes directly to the trademark registration hall of the Trademark Office to apply.

2. Trademark withdrawal process:

(1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any trademark agency registered with the Trademark Office to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall to apply, the applicant can follow the following steps:

(3) Prepare the application documents → submit at the trademark registration hall acceptance window Application documents → Code at the coding window → Pay the application fee at the payment window → Check the documents sent by the Trademark Office.

3. Application materials for trademark withdrawal

Applicants who apply for cancellation of a registered trademark that has not been used for three consecutive years should submit the following documents:

(1) Cancellation of application for suspension of use of a registered trademark for three consecutive years (the reason for cancellation should be stated);

(2) If you go directly to the trademark registration hall, submit the applicant’s identity document confirmed by seal or signature ( Copy of business license, ID card, etc.). If you entrust a trademark agency to handle the matter, submit a copy of the applicant's subject qualification certification document (a copy of the business license, ID card, etc.);

(3) If you go directly to the trademark registration hall to handle the matter, submit it to the person in charge The original and copy of your ID card (the original will be returned after comparison); if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.

4. Trademark cancellation fee:

Applications are charged according to category, and the trademark cancellation fee for one category is RMB 3,500.

Extended information

According to the "Trademark Law of the People's Republic of China"

Article 44: Using a registered trademark involves one of the following acts If the trademark is found, the Trademark Office shall order it to correct or cancel the registered trademark within a time limit:

(1) Changing the registered trademark on one's own initiative;

(2) Changing the name and address of the registered trademark on one's own initiative or other registration matters;

(3) Transferring the registered trademark by oneself;

(4) Stopping use for three consecutive years.

Article 45: If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administration departments at all levels will order corrections within a time limit according to different circumstances, and may also notify them Either a fine may be imposed, or the registered trademark may be revoked by the Trademark Office.

Article 46: If a registered trademark is revoked or is not renewed upon expiration, the Trademark Office shall, within one year from the date of cancellation or cancellation, apply for registration of a trademark that is identical or similar to the trademark. , not approved.

Article 47: Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit and may be fined.

Article 48: Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, rectified within a time limit, and may be notified or fined:

(2) Violating the provisions of Article 10 of this Law;

(3) Making shoddy products, passing them off as good ones, and deceiving consumers. .

Article 49: If the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision. decision and notify the applicant in writing.

If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 50: If the party concerned refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 45, 47 and 48 of this Law, he may Within fifteen days from the date of receipt of the notice, a lawsuit shall be filed in the People's Court; if no lawsuit is filed or performance is not performed within the time limit, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory enforcement.

China Court Network-Trademark Law of the People’s Republic of China