The three-year trademark revocation defense (the three-year non-use trademark revocation defense) is the response of the subject of the revocation application to the applicant who proposes revocation of the trademark for three consecutive years. The revocation of the trademark for three consecutive years of non-use is widely used. In trademark disputes, many entities usually file cancellation applications for trademarks on the grounds of non-use for three consecutive years, so that they have the right to use or re-register.

If the defense for trademark withdrawal is successful, the exclusive right to use the trademark and the owner of the right to use it will be maintained unchanged (the reason why it is possible but not necessarily is because even if the trademark defense is successful, the applicant may still file for withdrawal) Three reexamination applications). And if you fail or do not defend (even if you expect to fail in your defense, it is best to defend, because doing a defense will increase the success rate. If you do not defend, the examiner will be more biased towards the applicant, which is not good for you. .

After the defense fails, the cancellation procedure will proceed normally, which does not necessarily lead to the cancellation of your trademark. You can apply to the Trademark Review and Adjudication Board for a review of the cancellation. If you are still dissatisfied with the ruling of the Trademark Review and Adjudication Board, you can further apply to the People's Court. Sue the Trademark Review and Adjudication Board.

How to find the three reasons for withdrawing the third defense?

1. Find evidence that you have used the registered trademark in the past three years. Materials, Article 3 of the "Regulations for the Implementation of the Trademark Law" stipulates: "The use of trademarks as referred to in the Trademark Law and these Regulations includes the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks for advertising, publicity, In exhibitions and other commercial activities. "Essentially, the use of trademarks should be of commercial significance, so the simple announcement of trademark registration information by an enterprise or the declaration of rights made by the trademark registrant to its registered trademark should not be regarded as trademark law. In the sense of use, only evidence of use generated in actual transactions of goods and services can be probative.

2. Find evidence that the trademark registrant has permitted others to use the registered trademark, and the licensee. The use of a trademark is also regarded as use by the trademark registrant, but it should clearly reflect the licensing relationship between the trademark registrant and the licensee.

3. Find out whether the trademark registrant has failed to use the trademark for three consecutive years. Justifiable reasons for use. Article 20 of the "Opinions on Several Issues Concerning the Trial of Administrative Cases of Trademark Authorization and Confirmation" issued by the Supreme People's Court in 2010 (referred to as "Several Opinions") stipulates: "If the trademark owner is due to force majeure, policy restrictions, It can be determined that the registered trademark cannot be actually used or stopped due to objective reasons such as bankruptcy or liquidation, or the trademark owner has a genuine intention to use the trademark and has the necessary preparations for actual use, but has not actually used the registered trademark due to other objective reasons. There are legitimate reasons.”

4. The collection of relevant evidence must be completed within the prescribed defense period (3 months).

If you cannot handle the trademark withdrawal defense yourself, you can contact us. Bajie helps to handle the matter. Bajie has long been focusing on solving intellectual property related issues for customers. Welcome to inquire about trademark withdrawal materials, trademark withdrawal defense and trademark withdrawal fees