How to apply for cancellation of non use of a registered trademark for three consecutive years

Legal analysis: The way to apply for revocation of a registered trademark that has been suspended for three consecutive years is: Tan Bo Jian 1

Entrust a nationally recognized trademark agency to handle it; 2.The applicant goes directly to the trademark registration hall of the Trademark Office. According to the law, the application for registration and use of trademarks shall follow the principle of good faith.

The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.

Legal basis: Article 7 of the Trademark Law of the People's Republic of China.

The application for registration and use of trademarks shall follow the principle of good faith.

The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop the deception of consumers.

The way to apply for revocation of the suspension of the use of a registered trademark for three consecutive years is:

1.Entrust Shendantou to handle the trademark ** agency recognized by the state;

2.The applicant goes directly to the trademark registration hall of the Trademark Office.

1. Can I apply for a registered trademark online?

Trademark registration can be applied for online.

First of all, to submit an online application for trademark registration, the application documents shall be submitted through the China Trademark Network in the file format, data standards, operating specifications and transmission methods prescribed by the Trademark Office, and the identity and subject qualification documents required for the trademark registration application shall be uploaded in accordance with the regulations.

Secondly, the trademark registration applicant should entrust the trademark registration agency that has been filed with the Trademark Office to handle the online application for trademark registration.

2. What should I do if the trademark registration certificate is lost?

There's no need to rush. If the Trademark Registration Certificate is lost, the trademark registrant may apply to the Trademark Office for the reissuance of the Trademark Registration Certificate and apply for reissuance in a timely manner. The trademark registrant can entrust the trademark ** agency, or go to the trademark registration hall of the Trademark Office to reapply for the trademark registration certificate.

The materials that need to be prepared include the application for the reissuance of the trademark registration certificate, and the certificate of qualification of the trademark registrant confirmed by the seal or signature, such as a copy of the business license and ID card. If the trademark ** agency is entrusted, the trademark ** power of attorney shall also be submitted. In addition, an official fee of RMB 1,000 is required for the reissuance of the trademark registration certificate.

If the application for replacement of the certificate is complete and meets the requirements, after examination and approval, the Trademark Office will publish a statement of loss in the Trademark Gazette and issue a Notice of Receipt of Trademark Registration Certificate.

3. What should I do if someone preemptively registers a trademark in Class 35?

The preemptive registration of a trademark in Class 35 can be remedied in the following manner:

1.If the pirated trademark is in the preliminary examination announcement period, it may file an opposition with the Trademark Office.

2.If the preemptively registered trademark has been approved for registration, an application for cancellation may be filed with the Trademark Review and Adjudication Board within five years after the registration of the trademark. If the preemptively registered trademark is a well-known trademark, there is no time limit for filing an application for cancellation.

3.If the pirated trademark has not been used for a long time after registration, it may file an application for cancellation with the Trademark Office on the grounds that it has "ceased to be used for three consecutive years".

4.Re-register the trademark, the trademark cannot be similar to the original trademark.

According to Article 7 of the Trademark Law, the application for registration and use of a trademark shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall stop the deception of consumers through trademark management.

1. How to apply for revocation of the cessation of use of a registered trademark for three consecutive years

1. If the registered trademark has ceased to be used for three consecutive years, any person may apply to the Trademark Office for cancellation of the registered trademark.

Entrust the state-recognized trademark ** agency to handle it; The applicant goes directly to the trademark registration hall of the Trademark Office.

2. Legal basis: According to Article 49 of the Trademark Law of the People's Republic of China, if a registered trademark is not used for three consecutive years without a legitimate reason, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark.

2. What are the legal consequences of stopping the use of a registered trademark for three consecutive years?

Regulating the use of registered trademarks is not only a requirement of the "principle of good faith" stipulated in Article 7 of the Trademark Law, but also the most effective way to effectively resist the cancellation of an application. A trademark is a mark used to distinguish goods or services, and the exercise and protection of the exclusive right to use a trademark is also based on this fundamental attribute. After applying for registration of a trademark and obtaining the exclusive right to use, it is necessary to pay special attention to the provisions of the Trademark Law on the application for cancellation of the use of a registered trademark if the use of the registered trademark is stopped for three consecutive years during the term of the exclusive right to use the trademark.

In other words, the acquisition of the exclusive right to use a trademark does not mean that the registered trademark can be disposed of arbitrarily, in addition to the fact that it must be used on the approved goods or services, it is also necessary to pay attention to the fact that the registered trademark cannot be left idle at will, otherwise after reaching a certain number of years, that is, three years, any unit or individual can apply for cancellation of the registered trademark on this ground.

The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce. The revocation provision for the non-use of a registered trademark for three consecutive years does not require the owner of the registered trademark to use it fully and fully, nor is it a penalty measure for non-use, and strictly speaking, the provision itself is not a legal obligation set against the owner of the registered trademark; The fundamental purpose of this provision is to encourage, advocate and urge the right holder to use the registered trademark, promote the reasonable and effective allocation of the limited resources of the trademark, avoid the waste of trademark resources, make it re-enter the public domain, and give full play to its fundamental function of identifying the first mark of goods or services.