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How to respond to a trademark application that has not been used for three years?

Anyone can apply for cancellation on the grounds that a registered trademark has ceased to be used for three consecutive years and explain the relevant circumstances. After receiving the cancellation application, the State Trademark Office shall notify the trademark registrant, and the trademark registrant shall submit evidence of the use of the trademark or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notice. The response to the cancellation of an application for non-use of a trademark for three consecutive years refers to the trademark registrant’s behavior of providing evidence of trademark use to the Trademark Office or explaining the legitimate reasons for non-use within the statutory period.

It is best to entrust a professional trademark agency to handle the defense for canceling the registration of a trademark that has been suspended for three consecutive years, because the burden of proof lies entirely with the trademark registrant. Therefore, in accordance with the requirements of the National Trademark Office, it is particularly important to provide timely and legal evidence of organizational use to prove the use of trademarks. Professional trademark agencies have rich experience and can protect the legitimate rights and interests of enterprises as much as possible.

The required materials and procedures for the three-year use defense of trademark cancellation:

1. Required materials

1. Copy of business license/ID card, " "Notice on Providing Evidence of Use of a Registered Trademark" original and envelope, evidence materials that can prove the facts and reasons stated by the respondent applying for cancellation of the trademark (including: pictures or related materials of trademark use, trademark printing information, production and sales of trademark products Information, trademark product transaction documents, trademark license contract, trademark product promotion evidence, etc., list of evidence materials provided by the agency).

2. Cancel the "Application for Cancellation of Suspension of Use of Registered Trademark for Three Consecutive Years" and "Trademark Agency Power of Attorney" signed by the trademark applicant (provided by the agency), and the "Revocation of Suspension of Use for Three Consecutive Three Years" signed by the respondent "Reply for Use of Registered Trademark" and "Trademark Agency Power of Attorney"

II. Processing Procedure

The agency provides the processing procedure: the respondent and the agency sign the "Agency Contract" - - Payment - the respondent submits relevant information and signs the "Trademark Agency Power of Attorney" - the agency prepares standard documents - reports to the State Trademark Office - the State Trademark Office makes a decision (if the party is dissatisfied with the decision made by the Trademark Office, You can apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the revocation decision)