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Is the trademark valid or invalid during trademark revocation review?

Trademark revocation itself refers to the situation where a trademark has been revoked due to its inapplicability for three consecutive years. Any unit or individual can submit a revocation application to the Trademark Office. Even if the application for cancellation comes first, according to the first-to-register principle, the trademark is still valid during the three-year trademark reexamination period.

Article 49 of the "Trademark Law of the People's Republic of China" stipulates that in the process of using the registered trademark, the trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own initiative , the local industrial and commercial administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the Trademark Office shall revoke its registered trademark.

If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

Materials required for trademark revocation review:

1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney stamped with the applicant's seal. . Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.

2. Various types of reexamination applications: If you entrust an agency to apply for trademark review, the agency will prepare it.

3. Ruling on review of reasons and evidence materials: The Trademark Review and Adjudication Board will make a final ruling on approval or disapproval of registration for registration rejection review or objection review, and will notify the relevant parties in writing. The Trademark Review and Adjudication Board will make a final decision on maintaining or revoking the trademark for other reviews and notify the relevant parties in writing.

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