Is there any process to cancel a trademark? How to handle the cancellation of a trademark? The editor has shared the organized trademark cancellation process with everyone. You are welcome to read it, it is for reference only!

What are the procedures for trademark cancellation?

Documents and materials that need to be provided:

First, "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you need to provide a stamped application Power of attorney stamped with personal seal. Applicants from outside mainland China who want to apply for cancellation of a registered trademark that has not been used for three consecutive years in China must entrust a trademark agency to do so.

Second, "Application for Cancellation of Non-Use of a Registered Trademark for Three Consecutive Three Years": If an agency is entrusted to apply for registration, it shall be prepared by the agency.

Third, a copy of the Trademark Announcement of the canceled registered trademark; and an explanation of the use of the canceled trademark.

Relevant regulations:

Article 41: A registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is used to deceive If registration is obtained by illegal means or other unfair means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

Article 44: Anyone who uses a registered trademark and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit:

(1) Changing the registered trademark on his own initiative ;

(2) Changing the name, address or other registration information of the registered trademark on your own initiative;

(3) Transferring the registered trademark on your own initiative;

(4) Stopped from use for three consecutive years.

How to cancel an improperly registered trademark? Are there any restrictions on canceling an improperly registered trademark?

Article 42 of the "Trademark Law" stipulates that objections have been raised and adjudicated against trademarks that have been approved before registration. , shall not apply for a ruling again based on the same facts and reasons. This is because when making a ruling on a trademark objection, the Trademark Office or the Trademark Review and Adjudication Board has already reviewed the facts and reasons for the objection and made a ruling on the trademark objection.

After the trademark is registered, if a trademark dispute is submitted to the Trademark Review and Adjudication Board for ruling based on the same facts and reasons, if the trademark review board will accept the application, it will result in repeated examination of the same facts and reasons, or even It may negate the legal effect of the ruling of the Trademark Office or the Trademark Review and Adjudication Board that has already taken effect.

Therefore, if the party concerned has raised an objection and the objection has been ruled before the trademark is approved for registration, he shall not apply for a ruling again based on the same facts and reasons. Therefore, the Trademark Review and Adjudication Board will not accept the application submitted by Factory A for the same reason. However, if there are new facts and reasons, you can also apply for a dispute ruling, and the Trademark Review and Adjudication Board shall accept it.

How to defend a trademark opposition?

When the trademark applied for registration passes the preliminary examination and enters the 3-month opposition period after the preliminary announcement, once it is opposed by others, a trademark opposition will be initiated. program. The trademark applied for registration becomes an opposed trademark. Even if a registration announcement has been published, the registration announcement is invalid (Note: In order to publish the "Trademark Announcement" on time, the "Trademark Registration Announcement" is often published a few days before the expiration of the opposition period. The printed version will be arranged every day. When someone else’s trademark objection is filed a few days before or even the last day of the opposition deadline, plus the time required for mailing, there will be a situation where both the objection and the registration announcement will be filed. ). Whether the applicant can obtain the exclusive right to use the trademark depends on the Trademark Office’s ruling on opposition to the trademark.

After accepting the trademark opposition application, the Trademark Office will promptly send the opponent’s “trademark opposition application” and copies of the reasons for the objection and evidence materials to the opponent. The opponent will be limited to receiving The party to be opposed shall respond within 30 days from the date of copy of the trademark objection letter, etc. If the party opposed does not make a written response within the limited time limit, it shall be deemed to have waived the right to respond, and the opposition procedure shall proceed as usual.

The respondent's defense should contain the following contents:

1. The subject qualifications of the person

Must be the respondent or the person legally entrusted by the respondent agent.

If you entrust a trademark agency to defend the trademark objection, you must attach a "Trademark Agency Power of Attorney".

The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.

2. Have clear reasons for objection

In response to the objection reasons and evidence materials in the trademark opposition application form, the opposed party should provide corresponding defense reasons and evidence The adequacy of the materials, defense reasons and evidentiary materials may play a decisive role in the objection case.

3. Time limit for defense

The "Trademark Law" stipulates that the opposed party must submit defense materials to the Trademark Office within 30 days from the date of receipt of the trademark objection letter. According to the provisions of Article 10 of the "Regulations for the Implementation of the Trademark Law", if the party directly submits the defense and relevant evidence materials, the date of submission shall prevail; if it is mailed, the date of the postmark shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail. However, this is excepted if the party concerned can provide evidence of the actual postmark date. Although the law stipulates this proviso, the parties concerned should try their best to send the objection reply within the objection period and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent's defense materials are submitted by mail and the postmark date is unclear, the date of actual receipt by the Trademark Office will be the date of defense. If the actual receipt date exceeds the statutory opposition period, it may result in a ruling being made, which will inevitably have an adverse impact on the interested parties and will also have a negative impact on the Trademark Office’s opposition review work.

Regardless of whether the opposed party fails to respond or fails to respond within the prescribed time limit, the Trademark Office will make a ruling in accordance with the law.

The above is the trademark cancellation process provided by the editor. I hope it will be helpful to everyone.

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