How much does it cost to apply for trademark cancellation, and how much does it cost to cancel a tra

If a high-quality trademark that has been registered has not been used for three consecutive years, it is very likely that someone else will apply for cancellation and re-registration. So what are the skills and processes for trademark revocation, and then Qiying will take you to take a look.

1. Tips for applying for withdrawal of three:

In whose name is it applying for. Generally, the actual demander is not regarded as the applicant for revocation, that is, if his trademark hinders your trademark application, you should not go out in person. Instead, find a third party who is not related to you as the applicant.

The purpose of this is to dilute our needs and goals, which is conducive to increasing the success rate of revocation; On the other hand, if the revocation fails, the issue of transfer and acquisition can also be discussed;

The item for which the withdrawal is requested. If the applicant for the disputed trademark has applied for registration of multiple goods and services at the time of application, then we must withdraw the application cleanly and comprehensively, and if the registrant cannot provide comprehensive and effective evidence of use in the subsequent review procedure, then your chances of winning will be a little greater;

The time for withdrawing the application. Skillfully arrange the time nodes of "withdrawal three" and "new application", and win the trademark, at least to win it under your name first, and become a new applicant for the trademark. At the moment, it is relatively safe to do the following:

Submit the application for registration at the same time as the third cancellation. Under normal circumstances, the trademark will be rejected, and if the result of the revocation cannot be completed during the rejection review process, the trademark may request in writing to the Trademark Review and Adjudication Board to suspend the trial, and wait for the result of the revocation to be determined before making a trial.

2. The process of applying for withdrawal of three:

Step 1: The applicant submits the application.

The applicant submits an Application for Cancellation of the Suspension of Use of a Registered Trademark for Three Consecutive Years to the Trademark Office, and explains in writing the "non-use" of the trademark;

Step 2: Acceptance by the Trademark Office.

After the cancellation of the application for non-use for three years, the registrant shall be issued a Notice on Providing Evidence of Use of the Registered Trademark, requiring the registrant to submit evidence of the actual use of the registered trademark within 2 months from the date of receipt of this notice;

Step 3: The registrant submits evidence of use on time.

After receiving the evidentiary materials, the Trademark Office conducts an examination of the evidence and the determination of facts. If the examination finds that the evidence can prove that the registered trademark has been actually used within the designated period of 3 years, a "Decision on the Continued Validity of the Trademark Note" will be issued, otherwise, a "Decision to Revoke the Trademark Registration" will be issued;

Step 4: File an application for revocation of review.

If the registrant and the applicant for cancellation are dissatisfied with the cancellation decision or maintenance decision made by the Trademark Office, they may file an "application for cancellation review" with the Trademark Review and Adjudication Board.

After filing an application for cancellation of the third trademark, how do you need to prove that the other party has "not used the trademark for three consecutive years"?In fact, the applicant does not need to prove that the trademark owner has actually used the trademark that has been revoked.

Fees to be paid for trademark cancellation.

The application fee is based on class, and the fee for revocation of trademark is RMB 1,000 for one class.

If the trademark ** agency is entrusted, the Trademark Office shall deduct the fee from the advance payment of the trademark ** agency.

Precautions for trademark cancellation.

2.Before submitting the application, the applicant should inquire about the registration status of the cancelled trademark and fill in the Application for Cancellation of the Registered Trademark for Three Consecutive Years with the current registrant of the trademark.

3.The applicant shall, in accordance with the provisions of the Regulations for the Implementation of the Trademark Law, state in the reasons for revocation the relevant circumstances of the non-use of the applied trademark for three consecutive years.

4.An application for cancellation of a registered trademark shall be filed with the Trademark Office three years after the date of publication of the registration of the trademark. It should be noted that an application for cancellation of a trademark registered by an opposition ruling before May 1, 2014 shall be filed with the Trademark Office three years after the date of publication of the opposition ruling.

5.To apply for cancellation of a Madrid international registered trademark, the application shall be filed with the Trademark Office three years after the expiration of the rejection period of the application for international registration of the trademark; If the applicant is still in the process of reexamination or opposition at the time limit of refusal, the applicant shall file an application with the Trademark Office after three years from the effective date of the administrative decision.

6.If the party concerned is not satisfied with the decision made by the Trademark Office, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the cancellation decision.

1.The price of the market banquet for the cancellation of the trademark is 800-1200 yuan 2The official fee is determined by the trademark jujube key bureau, and if you find a ** company to apply for the cancellation of the three, you need to pay the ** fee.

However, due to the complexity of the information involved in the application for withdrawal of the third party, if the materials or evidence prepared are insufficient, it is easy to be rejected and sold back to the application, so the application for withdrawal of the third application can be carried out through **.

Legal Analysis:1The market price of the trademark withdrawal is 800-1200 yuan2The official fee is set by the Trademark Office, and if you find a ** company to apply for the cancellation of the three, you need to pay the ** fee.

However, due to the complexity of the information involved in the application for withdrawal of the third three, if the materials or evidence prepared are insufficient, the application will be easily rejected, so the application for withdrawal of the third application can be carried out through **.

Legal basis: Article 49 of the Trademark Law of the People's Republic of China If the trademark notation travelers change the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

If a registered trademark becomes the generic 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 for cancellation of 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 need to be extended, with the approval of the administrative department for industry and commerce, it can be extended for three months.