What are the reasons for trademark cancellation? What will be the case for a trademark to be revoked

The registered trademark will be revoked in the following cases: the registration is obtained by illegal means such as fraud; The trademark is registered in bad faith for the purpose of use; use a sign prohibited by law as a trademark; If an application for a registered trademark is made with a three-dimensional sign, the registration shall not be granted only if the shape created by the nature of the goods themselves, the shape of the goods necessary to obtain technical effects, or the shapes that make the goods have substantial value.

[Legal basis].

If a registered trademark under Article 44 of the Trademark Law of the People's Republic of China violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is not satisfied with the decision of 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 notice.

The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. 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. If a party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

1) After getting the trademark, it may not be put into use, if it is not used for three years, any person or unit can file an application for trademark cancellation with the Trademark Office. Therefore, after the successful registration of the trademark, it must be used, and the relevant evidence of use must be retained in order to protect their legitimate rights and interests.

2) If an enterprise replaces the name of the trade with a trademark when promoting the trademark, so that the trademark becomes a generic name, the Trademark Office will revoke the registered trademark.

3) In the process of using the trademark, the use must be standardized, and the trademark shall not be changed at will, and the trademark registration information shall be changed in a timely manner, otherwise the registered trademark may be revoked by the trademark such as the vertical bureau.

Trademarks may be revoked in the following cases:

1. If the trademark registrant changes 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.

2. If a registered trademark becomes the generic name of the goods approved for use or 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.

1. Qualifications and conditions for applying for trademarks.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not intended for the purpose of using it shall be rejected. 1. The trademark applied for registration must have the statutory constituent elements, that is, it must be a word, a figure or a combination thereof, otherwise it cannot be used as a trademark.

2. The words, graphics or combinations thereof used in the trademark shall have distinctive features and be easy to identify. Where distinctiveness means that it should have its distinctive characteristics. 3. The trademark applied for registration shall not use words and graphics prohibited by law.

4. The trademark applied for registration shall not be identical or similar to the registered trademark that has been revoked or cancelled for less than one year. However, if an application is made for registration of a trademark of the same or similar kind of goods that is identical or similar to a registered trademark that has been revoked due to the cessation of use of the goods for three consecutive years, this condition is not applicable. 5. The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods or services.

2. Whether the franchisee has the right to use the company's registered trademark.

Franchisees have the right to use the company's registered trademarks. Franchisees can be authorized to use it, so that franchisees have the right to use the company's registered trademark. According to the Trademark Law of the People's Republic of China, a trademark registrant may enter into a trademark license contract to license others to use its registered trademark.

The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark. If the registered trademark of another person is used, the name and place of origin of the licensee must be indicated on the goods using the registered trademark.

If the licensor licenses others to use its registered trademark, the licensor shall file it with the Trademark Office, which shall make an announcement. The trademark license shall not be used against a bona fide third party without filing.

Article 49 of the Trademark Law of the People's Republic of China If a trademark registrant changes the registered trademark, the name or 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.

What is cancellation by the Trademark Office? Trademark cancellation is generally a decision to cancel a trademark after it has been submitted for registration and the trademark does not meet the requirements. The specific meaning is as follows:

Revocation of a registered trademark refers to the procedure whereby the State Trademark Office or the Trademark Review and Adjudication Board makes a decision or ruling on the violation of the Trademark Law and relevant provisions, so that the exclusive right to use the original registered trademark is extinguished. In accordance with the provisions of Articles 41, 44 and 45 of the Trademark Law of the People's Republic of China, the Trademark Office or the Trademark Review and Adjudication Board may decide or rule to revoke a registered trademark based on statutory reasons. Reasons leading to the cancellation of a registered trademark:

1. Cancellation of improper use, (1) Reasons for cancellation of improper use of registered trademarks. (2) Review after the Trademark Office makes a decision to revoke the registered trademark for improper use. 2. Improper registration revocation (1) cancellation of registered trademark without time limit (2) cancellation of registered trademark with time limit.