1. The trademark owner voluntarily applied to give up his trademark because of the enterprise's conversion, merger, bankruptcy and other reasons. This way of canceling the trademark is voluntarily proposed by the trademark owner, so it is necessary to submit the application documents related to the trademark and obtain their consent before it will be cancelled in a real sense.
2. The validity period of the trademark has passed and the extension period has passed, but the trademark owner still hasn't applied for renewal or paid the trademark fee in time. At this time, whether the trademark right is voluntarily waived by the owner or not, the trademark cancellation will automatically take effect. Therefore, if you don't want to give up the trademark right, you should renew the trademark in time within a certain period of time.
3. The trademark owner's enterprise has closed down or the citizen has died, but no one has requested to inherit and re-register the trademark within the legal time limit, and the trademark will be cancelled within a certain time limit. If a trademark owner wants to voluntarily apply for the cancellation of a trademark when his enterprise closes down, it is necessary to submit the relevant cancellation application and the Trademark Registration Certificate to the Trademark Office for the relevant cancellation procedures.
trademark cancellation procedures
1. Where a trademark registrant applies for cancellation of its registered trademark, it shall apply to the Trademark Office in accordance with the provisions of Article 46 of the Regulations for the Implementation of the Trademark Law. The cancellation of the registered trademark may be the whole cancellation or the cancellation of some designated goods or services.
after the cancellation application is approved by the trademark office, the effect of the exclusive right to use a registered trademark or the exclusive right to use a registered trademark on some designated goods shall be terminated from the date of the cancellation application.
2. according to article 47 of the regulations for the implementation of the trademark law, if the registrant has been dead or terminated for more than one year and has not gone through the trademark transfer formalities, anyone can apply to the trademark office for cancellation of the trademark. Where an application for cancellation of the trademark is filed with the Trademark Office, evidence of the death or termination of the trademark registrant shall be submitted.
the exclusive right to use a registered trademark whose cancellation has been approved by the Trademark Office shall be terminated from the date of death or termination of the trademark registrant.
3. according to article 38 of the regulations for the implementation of the trademark law, if a registered trademark fails to apply for renewal within the extended period stipulated by law after its expiration, the trademark shall be cancelled.
acceptance and review of trademark cancellation
(I) acceptance of cancellation application
The applicant can directly apply for cancellation at the Trademark Office of the State Administration for Industry and Commerce or entrust an agency to apply for cancellation. According to Article 18 of the Trademark Law, foreigners or foreign enterprises shall entrust an organization recognized by the state with the qualification of trademark agency. There is no need to pay any trademark fees for cancellation application.
When a registrant applies for cancellation of its registered trademark or some designated goods, it shall submit the following documents:
1. Application for cancellation;
2. For direct handling, a copy of the applicant's valid ID card and a copy of the ID card of the handler shall be attached;
3. If an agency is entrusted, a copy of the applicant's valid identity certificate should be attached, as well as a trademark agency power of attorney;
4. Return the original Trademark Registration Certificate; if it cannot be returned, the reasons shall be explained;
5. When a registrant with a trademark applies for cancellation, the representative shall go through the application procedures, but the written authorization of other registrants is required.
(II) Examination of the application for cancellation
If the application for cancellation meets the following requirements, the Trademark Office will approve it, issue a corresponding notice and make an announcement:
1. The application form is complete and conforms to the requirements;
2. The name of the applicant is the same as that of the registrant registered in the archives of the Trademark Office;
3. If the names are inconsistent, the certificate of change issued by the registration authority shall be attached;
4. The trademark applied for cancellation is a valid registered trademark;
5. if you apply for partial cancellation, the cancelled goods/services filled in the application form are consistent with the goods/services specified for use at the time of registration.
upon examination, if the cancellation application does not meet the above requirements, it will not be approved and a notice of return will be issued.
How long does it take for a trademark to be cancelled?
The substantive examination of trademark cancellation takes about 6-8 months to complete. Just find someone to represent you.
Notes on Trademark Cancellation
1. If a registered trademark is cancelled, the original Trademark Registration Certificate shall be returned according to law; Where a trademark registrant applies to cancel the registration of its trademark on some designated commodities, it shall reissue the Trademark Registration Certificate and make an announcement. If it is handled directly by paper, it will be sent to the applicant by mail according to the address filled in the application form; Commissioned by the agency organization, sent to the agency organization.
2. If the cancellation application is rejected, the Trademark Office will issue a Notice of Rejection. If it is handled directly, it will be sent to the applicant by mail according to the address filled in the application form; Sent to the agency organization through the agency.
3. The category of the application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
4. Before the application for cancellation is approved by the Trademark Office, you can apply for withdrawal.