1. Positive answer
Trademark cancellation process:
1. Acceptance of cancellation application. Applicants can go directly to the Trademark Office of the State Administration for Industry and Commerce to apply for cancellation, or they can entrust an agency to handle the application;
2. Review of cancellation application. When the Trademark Office examines an application for cancellation of a trademark after the death of the trademark registrant or termination, it shall examine the facts, reasons and requests for application and defense in the written materials submitted by the parties;
3. Examination conclusion. Approval of cancellation, disapproval of cancellation, case closed.
The substantive review time for trademark cancellation is about 6 to 8 months, depending on the processing time of the Trademark Office.
2. Analysis details
Trademark cancellation includes cancellation upon application and cancellation by the Trademark Office on its own initiative. Active cancellation by the Trademark Office means that the trademark registrant does not use the registered trademark to apply for cancellation to the Trademark Office, or the registered trademark has expired and the trademark registrant has not submitted an application for renewal. The Trademark Office will remove the registered trademark from the Trademark Register based on the application. Canceled procedure. Application for cancellation of a registered trademark is the act of the trademark registrant voluntarily giving up the exclusive right to use the trademark. Partial cancellation of a registered trademark refers to the act of the trademark registrant applying to cancel the exclusive right to use the registered trademark on some designated goods.
3. What are the circumstances under which a trademark is not approved for cancellation?
1. The supporting documents provided by the applicant cannot prove the death or termination of the registrant;
2. The applied trademark has applied for transfer before the death or termination of the registrant;
3. After the death or termination of the trademark registrant, the transfer application for the applied trademark has been processed within one year;
4. The transfer of the applied trademark has been processed before the applicant submits the cancellation application. , transfer application.