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Termination of trademark rights

The circumstances leading to the termination of the trademark right are as follows:

1. The parties change the registered items such as the name, registered trademark and address of the registrant without authorization and refuse to correct them;

2. A registered trademark is not used for three consecutive years without justifiable reasons, and others apply for cancellation of the registered trademark;

3. Other circumstances leading to the termination of the trademark right.

Legal basis

Article 49 of the Trademark Law of the People's Republic of China * * * If a trademark registrant changes the registered trademark, the registrant's name, address or other registered items by himself in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office. If a registered trademark becomes the common name of the goods it has approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receiving the application. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council.

when the statutory time limit of article 55 of the trademark law of the people's Republic of China expires, if the parties concerned do not apply for reexamination of the decision made by the trademark office to cancel the registered trademark or do not bring a lawsuit to the people's court against the reexamination decision made by the trademark review and adjudication board, the decision to cancel the registered trademark and the reexamination decision will take effect. The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated as of the date of announcement.