1. What is the process of trademark revocation? Procedure for revocation of a registered trademark that has been stopped for three consecutive years: 1. Briefly explain that if a registered trademark has been stopped for three consecutive years, anyone can apply to the Trademark Office to cancel the registered trademark. application. 2. Processing Channels There are two channels for applying to cancel a registered trademark that has been suspended from use for three consecutive years: (1) Entrust a trademark agency registered with the Trademark Office to handle the application. (2) The applicant goes directly to the Trademark Registration Hall of the Trademark Office to apply. 3. Processing steps (1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any trademark agency registered with the Trademark Office to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column. (2) If the applicant goes directly to the trademark registration hall to apply, the applicant can follow the following steps: Prepare the application documents → Submit the application documents at the trademark registration hall acceptance window → Print the bar code at the coding window → Pay at the payment window Application fee → Check the decision letter on whether to cancel the registered trademark 4. Preparation of application documents To apply for cancellation of a registered trademark that has been suspended for three consecutive years, the applicant should submit the following documents: 1. Application for cancellation of a registered trademark that has been suspended for three consecutive years (The reason for revocation should be stated); 2. If you go directly to the trademark registration hall, submit a copy of the applicant's subject qualification certification document (a copy of the business license, ID card, etc.) that has been stamped or signed by the applicant. If you entrust a trademark agency to handle the application, submit a copy of the applicant's subject qualification certification document (a copy of the business license, ID card, etc.); 3. If you go directly to the trademark registration hall, submit the original and copy of the person in charge's ID card ( The original will be returned after comparison); if a trademark agency is entrusted to handle the matter, a trademark agency power of attorney must be submitted. 5. Check and receive the decision on whether to cancel the registered trademark. After receiving the cancellation application, the Trademark Office will issue a notice to the trademark registrant on providing evidence of use of the registered trademark. After receiving the evidence of use of the registered trademark provided by the trademark registrant, the Trademark Office will review the evidence, make a decision on whether to cancel the registered trademark, and issue a decision letter on whether to cancel the registered trademark to the registrant and the applicant. If a trademark agency is entrusted to handle the matter, the Trademark Office will mail a decision on whether to cancel the registered trademark to the trademark agency. 6. Notes 1. The applicant’s name, address, postal code, phone number and other contact information must be filled in clearly and accurately to facilitate contact. 2. Before submitting the application, the applicant should check the registration status of the canceled trademark and fill out the "Application for Cancellation of a Registered Trademark that Has Stopped Use for Three Consecutive Three Years" based on the current registrant of the trademark. 3. The applicant shall, in accordance with the provisions of Paragraph 2 of Article 39 of the "Regulations for the Implementation of the Trademark Law", explain in the reasons for cancellation the relevant circumstances of the suspension of use of the applied trademark for three consecutive years. 4. At least three years have passed since the date of registration approval of the trademark being applied for cancellation to the date of cancellation application. 5. If the party concerned is dissatisfied with the decision made by the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the revocation decision. 7. Special statement (1) The above content is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is instructive and not legally binding. (2) The above content was revised in March 2010. If there are changes in the future, or if there is any inconsistency with the requirements of the receptionist at the trademark registration hall during the processing, the requirements of the receptionist should prevail. 2. What is a trademark and its function? Function A trademark protects the trademark registrant by ensuring that the trademark registrant has the exclusive right to indicate the source of goods or services, or to allow others to use them for remuneration. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their registrants with recognition and economic benefits.
Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thereby promoting the development of international trade. Trademarks are an important part of the product and packaging decoration. A trademark with exquisite design, profound meaning, novelty and outstanding personality can well decorate the product and beautify the packaging, making consumers happy to buy. The Trademark Law stipulates that the use of trademarks must be permitted by the Trademark Office before normal use. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify the source of goods or services, or to license others to use them for remuneration. Trademarks are also a consumer guide for businesses, making it easier for consumers to purchase goods.