Trademarks are an important part of the market economy and can bring huge profits to enterprises. In the case of non-use for three consecutive years, anyone can apply to the Trademark Office to cancel the non-use for three years. The Trademark Office orders the trademark owner to provide evidence of use within the specified time. If no evidence is provided or the evidence provided is not accepted In this case, the trademark will be revoked. So how can you remedy a trademark that has been revoked because it has not been used for three years? I will answer your questions one by one below. I hope it will be helpful to you.
1. How to remedy a trademark that has been revoked due to non-use for three years. If a registered trademark is revoked by the Trademark Office on the grounds that it has ceased to be used for three consecutive years. If the party concerned is dissatisfied, the trademark may be revoked within fifteen days from the date of receipt of the cancellation notice. Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review.
2. How to prove that the trademark is in use. The evidence materials for the use of the trademark must first meet the following requirements: First, the evidence materials must have the logo of the trademark being applied for. Otherwise, the use of the applied trademark cannot be proven. Second, the evidence must be able to show the user of the trademark being applied for. Normally, the user of a trademark should be the registrant of the applied trademark. If the licensee uses a trademark, it is also deemed to be used by the trademark registrant, but it should clearly reflect the licensing relationship between the trademark registrant and the licensee. Third, the evidence must reflect the use of the trademark on the goods for which it is approved for use. Fourth, the evidentiary materials must be produced within the required consecutive three-year period, that is, three years forward from the date of application for revocation.
3. Application for Trademark Dispute Ruling If a trademark registrant believes that a trademark registered for less than one year is identical or similar to a trademark used on the same or similar goods, he or she may apply to the Trademark Review and Adjudication Board for a dispute ruling. (1) Fill in the agent’s power of attorney and trademark dispute ruling application form in triplicate; (2) Other supporting materials related to the reasons for the dispute. Article 35 of the "Trademark Law of the People's Republic of China" raises objections to a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the trademark office shall, after the expiration of the announcement period, A decision on whether to grant registration shall be made within twelve months from the date of registration, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the Trademark Office makes a decision not to register and the opponent is dissatisfied, 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. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party 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. The people's court shall notify the opponent to participate in the litigation as a third party. During the review process in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the review if the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. After the reasons for the suspension are eliminated, the review process should be resumed. The above is the relevant content compiled for you on how to remedy a trademark that has been revoked due to non-use for three years. I hope it will be helpful to you. If a registered trademark is revoked by the Trademark Office on the grounds that it has ceased to be used for three consecutive years, and the party concerned is dissatisfied, he or she may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the revocation notice.