First of all, we should know what a trademark is revoked. Trademark revocation refers to the situation that a trademark is revoked because it has not been used for three consecutive years. Trademark revocation is mainly to save trademark resources and avoid the situation that registered trademarks are idle and not used.
after receiving an application for cancellation submitted by an individual or unit, the State Administration of Trademarks will, in accordance with Article 44 (4) of the Trademark Law of the People's Republic of China, give a notice of cancellation for a trademark that has been successfully registered (that is, has legally obtained a trademark registration certificate) on the grounds that it has not been used for three consecutive years. The State Administration of Trademarks will send a Notice on Providing Evidence for the Use of Registered Trademarks to the registrant who has been revoked. Enterprises or individuals need to reply to the trademark revocation to prove that the trademark has been used in the past three years.
In general, the State Administration of Trademarks will not notify the registered trademark of the cancellation of the third registration. Generally, competitors or peers of the trademark will apply to the General Administration of Trademarks for the cancellation of the trademark.
Therefore, when purchasing a new trademark, it is necessary to prove that the trademark has been used in the past three years, so that it will not be cancelled before it can continue to be used. Therefore, the newly purchased trademark should be revoked.
after receiving the notice on providing evidence for the use of registered trademarks, enterprises need to prepare evidence materials for the defense of trademark revocation, which generally include: a copy of the business license or identity card of the trademark owner, the original and envelope of the notice on providing evidence for the use of registered trademarks, and evidence that can prove that the trademark has been used in the past three years, including pictures of trademark use, printing conditions, or trading documents of trademark production and trading, etc. You also need an Application for Revoking the Use of a Registered Trademark for Three Years in a row signed by the applicant. If you find an agency to withdraw the registered trademark, you also need to provide a Power of Attorney for the Trademark.
At present, general enterprises apply for withdrawal through agency structure, and the materials prepared by professional agencies will be more professional, so when defending, they will not be rejected because of insufficient materials.