Nowadays, more and more trademarks are being applied for cancellation and have not been used for three years. According to Article 49 of the Trademark Law of the People’s Republic of China, a registered trademark cannot be used for three consecutive years without justifiable reasons. Any unit or individual may apply to the Trademark Office to cancel the registered trademark.

So what is the specific process and time for trademark withdrawal?

Trademark cancellation three refers to the State Trademark Office’s successful trademark registration (that is, the trademark has been obtained in accordance with the law) in accordance with the provisions of Article 44 (4) of the Trademark Law of the People’s Republic of China. Registration certificate), the trademark notified of cancellation is not our registered trademark. Three consecutive years of education. However, under normal circumstances, the State Trademark Office will not cancel three registered trademark notifications on its own initiative.

Generally, other companies or individuals apply to the National Trademark Office (mostly competitors of the trademark). After accepting the application, the National Trademark Office will issue a "Notice on Providing Evidence of Use of Registered Trademarks" to the registrant that has been revoked three times.

The three-party defense for trademark withdrawal means that the trademark registrant submits to the State Trademark Office within two months the evidence materials used for product protection in the previous three years. It means that the "About Providing the Use of Registered Trademarks" is attached to the back of the notice. "Notice of Evidence" issued by the National Trademark Office, or proving that there are justifiable reasons for not using it.

At the same time, the "Notice on Providing Evidence of Use of Registered Trademarks" needs to be returned. Submit it to the National Trademark Office for decision. If any of the following circumstances occurs, the trademark will be deemed to have been abandoned automatically, and the trademark will be automatically revoked and become invalid.

1. Failure to provide evidence of use;

2. Use of false or invalid evidence;

3. Failure to provide reasons for non-use.

Documents required for defense of three-year use of trademark cancellation: copy of business license/ID card, original "Notice on Providing Evidence of Use of Registered Trademark" and envelope.

Evidential materials that can prove the facts and reasons stated by the respondent applying for cancellation of the trademark (including: pictures or related materials of trademark use, trademark printing, production and sales of trademark products, trademark product transaction documents , trademark license contract, trademark product promotion evidence, etc. List of evidence materials, provided by the agency).

List of supporting materials provided by the institution. "Application for Cancellation of Registered Trademark for Three Consecutive Three Years" signed by the trademark applicant, Trademark Agency Power of Attorney (provided by the agency), Respondent's Reply to Cancellation of Registered Trademark Use for Three Consecutive Three Years, Trademark Agency Power of Attorney (provided by the agency) Procedural flow:

The respondent signs an "Agency Contract" with the agency - payment - the respondent submits relevant information and signs the "Trademark Agency Power of Attorney" - the agency issues standard documents - reports to the State Trademark Office - Decision of the National Trademark Office (if the party concerned is dissatisfied with the revocation decision of the Trademark Office, it can be revoked within fifteen days from the date of receipt of the revocation decision. The Trademark Review and Adjudication Board applies for review.

About the trademark revocation process and If you don’t know how to solve the problem of time, you can consult with a professional intellectual property consultant to determine whether the success rate of trademark revocation is high, the time of trademark revocation, and the process of trademark revocation