"Trademark revocation" refers to the situation that a trademark is revoked because it has not been used for three consecutive years. Any unit or individual may apply to the Trademark Office for cancellation. The purpose of "applying for cancellation of a registered trademark without using it for three years" is to save trademark resources and avoid idle use of the trademark, but for the transferee of the trademark, we must pay attention to whether this situation exists in the trademark.
Product packaging; Product packaging includes commodity packaging, service commodity packaging or containers, etc. If the date of production is not printed on the package, it is difficult to be used as evidence of the trademark at a specific time, so other evidence is needed.
Product inspection report; Product inspection reports issued by higher quality supervision departments, trade associations and other authoritative institutions to prove the quality of goods can be used as direct evidence.
Contract; Contracts and agreements are important evidence and basis for economic entities to participate in economic activities, but the specific contents of trademarks (such as name and registration number, etc.). ) must be clearly marked to leave valid evidence for the use of the trademark.
Certification materials for trademark printing; The certification materials printed by trademarks are also one of the evidences to prove the use of trademarks. However, many merchants can only provide the physical object of the target, but can't provide the specific time of printing, so they can't be accepted as valid evidence.
However, enterprises should pay attention to the fact that trademark evidence should also meet the requirements. If the enterprise changes the trademark without authorization, and the trademark used does not match the registered trademark, then the evidence can't help the enterprise to protect its trademark right at all. Therefore, trademarks should be used with caution!
Finally, when the trademark is revoked, enterprises should actively respond. Don't think that a trademark is revoked after use. If the enterprise has evidence but fails to submit it, the trademark will still be revoked and the registered trademark of the enterprise will be lost, which is not worth the loss.
Generally speaking, if a trademark is revoked, you may cancel the registration of the trademark because of the malice of your opponent or competitor. So before using a trademark, be sure to find out whether the trademark is still in the registration period. If it is not within the registration period, you can apply to the Trademark Office for re-registration or re-registration.