How to prevent a trademark from being revoked for three consecutive years of non use, and a trademar

Hello, Provide evidence of trademark use in the past three years.

It seems that many people have heard of this method, but in the past three withdrawal cases, more than 80% of the evidence provided by the revoked person was found to be invalid.

1) Self-made evidence or suspected self-made evidence within the meaning of trademark law.

Evidence that can be produced by oneself or in conjunction with others, such as sales contracts, advertising contracts, product packaging, and physical products, is called self-made evidence and does not constitute trademark use within the meaning of the Trademark Law.

2) The evidence does not reflect the trademark logo or does not show the time of use of the trademark.

3) Whether the goods or services used in the evidence can be proved to be the same as the goods and services approved for use by the trademark.

4) The evidence is an unjustified photocopy.

5) Whether the notice of providing evidence of use can be received in a timely manner.

After reading the above items, do you think it is difficult to provide evidence? Yes, it is indeed difficult to provide evidence that can be recognized by the Trademark Office, and 90% of the trademarks will be invalid if they are withdrawn by 3%, mostly because of the above original drawings!

Provide a valid reason for not using it.

1) It is a defensive registration of well-known and famous trademarks to prevent weakening the distinctiveness of the trademark and effectively avoid unfair competition.

2) A dispute arises over the ownership of the trademark at issue and awaits an administrative judicial ruling.

3) Caused by force majeure factors (natural disasters, policies, etc.).

4) Cessation of use due to bankruptcy liquidation.

5) Other circumstances that may affect the normal use of the trademark.

I am afraid that it is more difficult not to provide evidence for these reasons, all reasons must be supported by evidence, and your reasons must be convincing enough to convince the Trademark Office.

Once it is withdrawn, it will be difficult for many small and medium-sized enterprises to resist, and there is very little evidence that can be identified, and it is even more difficult to convince the legitimate reasons. Many trademark defenses or investments are in danger, what should I do? 、

1. Pay attention to the retention of evidence of use.

For example, the original copies of the sales contract and sales invoice should be retained, and the trademark details and specific products should be indicated in the contract and invoice. Or use evidence for notarization on weekdays, etc.

2. Re-apply for registration of the trademark that has expired for three years.

Although this method is wasteful in a sense, it is more time-saving and labor-saving, and it is the safest. But don't forget that applicants are consistent.

3. Change the contact address in a timely manner and keep in touch with the ** agency to ensure that the notification documents of the Trademark Office can be received in time.

Legal analysis: According to the provisions of relevant national laws and regulations, if someone files an application for cancellation of a trademark for three years, the evidence provided by the trademark owner must be within three years before the date of the application for cancellation of three-year non-use. If the trademark needs to be used every two years, the evidence needs to be retained.

Legal basis: Article 49 of the Trademark Law of the People's Republic of China If a 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. 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, it can be extended for three months with the approval of the administrative department for industry and commerce.

It is possible to file a request for cancellation of the trademark within 2 months from the date of receipt of the notice from the BAI Trademark Office before the application for cancellation is filed

The use of evidentiary materials or the justification for non-use. The above-mentioned evidentiary materials for use include evidentiary materials for the trademark registrant's use of the registered trademark and evidentiary materials for permitting others to use the registered trademark. The following circumstances are justified under the Trademark Law.

1) Force majeure;

2) **Policy restrictions;

3) bankruptcy liquidation;

4) Other legitimate reasons that cannot be regulated by the trademark registrant.

For the cancellation of the application for the suspension of the use of the registered trademark for three consecutive years, it is recommended that the trademark registrant should entrust a professional trademark ** agency to collect and submit effective evidence after receiving the notice of proof within the time limit from the State Trademark Office. Generally speaking, the evidence of the use of a trademark focuses on: (1) the trademark is used on goods, commodity packaging, containers, and related transaction documents (such as signs, product descriptions, manuals, sales agreements, bills, etc.); (2) The evidentiary expression of the use of the service mark includes (service venue decoration, menus, posters, price lists, documents, service agreements, etc.); (3) The forms of expression used for advertising include radio, television, magazines, newspapers, billboards, and other advertising activities, exhibition materials, approval documents of the competent departments, and so forth.

The above evidence provided by the trademark registrant shall be true, valid and legal. Note that because the use has been stopped for three consecutive years, the registrant needs to prove the evidence of continuous use in the past three years when submitting the evidence, and the previous evidence is invalid, and even if it is submitted, it will not be accepted by the State Trademark Office.

Is it already inactive?

Clause. 1. The evidentiary materials shall have the logo of the applied trademark. Otherwise, the use of the applied trademark cannot be proved.

Clause. 2. The evidentiary materials should be able to show the user of the applied trademark. In general, the user of the trademark should be the registrant of the applied trademark. If the licensee uses the trademark, it shall also be regarded as the use of the trademark registrant, but the licensing relationship between the trademark registrant and the licensee shall be clearly reflected.

Clause. 3. The evidentiary materials must reflect that the trademark is used on the goods that have been approved for use.

Clause. 4. The evidentiary material must have been produced within the required period of three consecutive years, i.e. three years from the date of application for revocation. For example, if the date of withdrawal is 24 March 2004, the three-year continuous period is from 24 March 2001 to 23 March 2004.

This requires that the applied trademark must be a valid registered trademark that has been approved for registration for three years.

Clause. 5. Evidence must be originals or notarized copies.

The following materials are more common examples of trademark use:

Invoices, contracts (or agreements), advertising items, packaging items, product inspection reports, trademark printing certification materials.

Generally, you can try to apply for revocation, but if the original owner of the trademark chooses to apply again, the chances of the original owner will be greater. Coupled with the manual review by the examiners of the Trademark Office, the odds fluctuate.

Registered trademark. Linuo Intellectual Property can help you.

If someone files an application for cancellation of a trademark for three years, the chain data provided by the trademark owner must be within three years before the date of the application for cancellation of the three-year non-use, and it is not valid evidence after or after; If the trademark is inactive every two years, it needs to be used and the evidence should be kept. According to the Trademark Law, Article 44(4) ceases to be used for three consecutive years, and the Trademark Office may revoke the registered trademark; Any person can also apply to the Trademark Office for cancellation of the registered trademark, and the Trademark Office will notify the trademark registrant to provide a certificate of use within a time limit after receiving the application.

If the certificate is not provided within the time limit or the certificate provided is invalid, the registered trademark shall be revoked. At the same time, trademark is a specialized legal term. A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law.

Trademarks are protected by law, and the registrant has the exclusive right. There is a difference between "registered trademark" and "unregistered trademark" in China, a registered trademark is a trademark that is protected by law after being registered with the relevant authorities, and an unregistered trademark is not protected by trademark law. A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator.

China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.

The above is the lawyer's advice on how to deal with the cancellation of non-use of trademarks for three consecutive years, I hope it will be helpful to you.