In previous articles, we have always discussed what to do if our idle trademark is “withdrawn” by others, so today we will talk about what if we want to file a lawsuit against someone else’s idle registered trademark. What should I do if "withdraw three" is cancelled?

I want to apply for the trademark "Withdrawal of Three", any suggestions?

First of all, we need to make sure that the registered trademark has indeed not been put into use for three consecutive years, and then we can submit a trademark withdrawal application to the Trademark Office.

my country’s Trademark Law stipulates: If a trademark registrant changes the registered trademark, the registrant’s name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administration department shall order him to make corrections within a time limit; If it fails to make corrections, the Trademark Office will revoke its registered trademark.

According to legal provisions, if the party concerned is dissatisfied with the Trademark Office’s decision to revoke or not revoke a registered trademark, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Next, we have compiled some tips on applying for "withdrawal of three trademarks":

Generally, the actual demander is not considered as the cancellation applicant. In other words, someone's trademark hinders your home. Once you apply for a trademark, don’t do it yourself. Instead, find a third party who is not related to you as the applicant. The purpose of this is to downplay our needs and goals, which will help improve the success rate of cancellation; on the other hand, if the cancellation fails, we can also discuss transfer and acquisition issues;

If the disputed trademark When applying, the applicant applied for registration for multiple goods and services. When we revoke the application, we must do so completely. If in the subsequent review process, the registrant cannot provide comprehensive and effective evidence of use. , then your chances of winning are a little better;

Cleverly arrange the time points of "withdrawal" and "new application" to win over the trademark, at least to get it in your name first. Become a new applicant for a trademark. At present, the relatively safe approach is to submit the registration application at the same time as the withdrawal. Under normal circumstances, a trademark will be rejected. If the result of the withdrawal of the trademark cannot be concluded during the rejection review process, you can make a written request to the Trademark Review and Adjudication Board to suspend the trial and wait for the result of the withdrawal of the trademark to be determined before making a trial.

Finally, merchants should not think that applying for trademark "withdrawal" is a "despicable" act. In fact, registered trademarks are limited resources, and the demand is so large, it is necessary to carry out reasonable trademark " "Withdrawal of three" is one of the means to combat malicious seizure of resources. It can help you obtain the trademark you want and effectively utilize trademark resources.