When is the starting date for trademark revocation? How to remedy a trademark revocation? Some trademark revocation cases are for the needs of normal business activities, and some have also become important weapons for commercial competition to attack opponents.
Relevant Laws
"Detailed Implementation Rules of the Trademark Law of the People's Republic of China"
Article 66 has the provisions of Article 49 of the Trademark Law If a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark, and the relevant circumstances must be explained when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notification; if no evidence of use is provided upon expiration of the period, If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office will revoke the registered trademark.
The evidence materials of use referred to in the preceding paragraph include evidence materials that the trademark registrant uses the registered trademark and evidence materials that the trademark registrant permits others to use the registered trademark.
If you apply for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justifiable reasons, the application should be made three years from the date of announcement of the registration of the registered trademark.
How to remedy a trademark withdrawal?
Normally, once a trademark is withdrawn, the Trademark Office will issue a "Notice on Providing Evidence of Use of Registered Trademarks" to the rights holder. After the trademark owner receives the notice, if he wants to keep the trademark, he must actively respond and submit to the Trademark Office within 2 months. The disputed trademark shall be valid on the designated goods or services during the three years before the cancellation application is filed. Evidence of commercial use or justification for non-use. If no evidence of use is provided at the expiration of the period or the evidence materials are invalid and there is no justifiable reason, the Trademark Office will cancel the registered trademark.
The above is about when is the starting date for trademark withdrawal? How to remedy a trademark withdrawal? Trademarks are very important. Trademarks often reflect the market's attitude towards the quality of the company's goods or services. To register a trademark, choose intellectual property rights. We also provide high-quality services such as trademark transfer, copyright registration, and trademark cases. Anyone can apply for trademark removal. As long as a registered trademark is found to have not been used for three years, he or she can apply to the Trademark Office to request the trademark to be invalidated. Therefore, when a company has its trademark withdrawn, it is necessary to produce favorable evidence to fight back! Trademark cancellation Three trademark cancellations