Revocation of a registered trademark refers to the procedure in which the China Trademark Office makes a decision or judgment on violations of the Trademark Law and relevant regulations, extinguishing the original exclusive rights to a registered trademark. According to Article 49 of the China Trademark Law, the Trademark Office may decide or make a decision to cancel a registered trademark based on legal reasons. So, what are the reasons for trademark cancellation? We'll tell you.
Reason 1: Failure to use for three consecutive years: Paragraph 2 of Article 49 of the Trademark Law stipulates: “A registered trademark has become the common name of an approved product for three consecutive years or has not been used without justifiable reasons. , any unit or individual may apply to the Trademark Office to cancel a registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it may be extended for three months with the approval of the Administration for Industry and Commerce of the State Council. "
Reason 2: Bad faith trademark registration: Article 32 of the Trademark Law: "Application for trademark registration shall not damage the existing prior rights of others, nor shall it be registered by unfair means. Use a trademark that has certain influence."
Reason 3: Changing the trademark or trademark information at will: Article 49, Paragraph 1, of the "Trademark Law" stipulates: "In the process of using a registered trademark, the trademark If a registrant should change the registered trademark, name, address or other registration items on his own initiative, the local industrial and commercial administration department will order him to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office will revoke his registered trademark. ”
Reason 4: The trademark has expired and has not been renewed: Article 40 of the Trademark Law: “If a registered trademark has expired and needs to be used normally, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; If it is not processed within this period, it can be extended for six months. The validity period of each renewal of registration is ten years, calculated from the date of expiration of the last validity period of the trademark. If the renewal procedure is not completed, the registered trademark will be cancelled. ”