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

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.

Submit an application for a copy of the application, and the application will be copied.

The body is the reason, the power of attorney. You can apply for revocation in BAI. Du success or not, you need to look at your reasoning, as well as the feedback of the other party.

Legal basis: Paragraph 2 of Article 49 of the latest Trademark Law stipulates that "if a registered trademark becomes the generic name of the goods approved for use or has not been 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. Article 66 of the latest Regulations for the Implementation of the Trademark Law stipulates that "if a registered trademark as provided for in Article 49 of the Trademark Law has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark, and the relevant circumstances shall be explained when submitting the application." ......If the evidentiary materials for use are not provided within the time limit or the evidentiary materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark.

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.

1. It is necessary to submit evidence of the use of the trademark or explain the justifiable reasons for not using the trademark within 2 months from the date of receipt of the Notice on Providing Evidence of Use of the Registered TrademarkTrademark revocation and defenseand strive for the opportunity to preserve their registered trademarks.

2. The process of defending the third trademark cancellation is as follows:1. Prepare the defense materials for trademark cancellation(1) Subject qualification documents: the company needs to provide a business license, and the individual needs to provide a personal ID card;

2) Provide the original copy of the Notice on Providing Evidence of the Use of Registered Trademarks and the original envelope;

3) Evidence of trademark use: The trademark registrant needs to submit evidence of the use of the registered trademark in the past 3 years (the subject must be the trademark owner or licensor) on time, and the more common evidence documents include: invoices, receipts, contracts, billboards, packaging products, brochures, price lists, printed materials used in exhibitions, etc.;

4) Fill in the "Reply to Revocation of Suspension of Use of Registered Trademark for Three Consecutive Years";

5) If the agency entrusts the trademark ** to handle it, it shall provide the signed "Trademark ** Power of Attorney".

2. Organize the materials to make standard documents and submit them to the Trademark Office for defense;

3. Wait for the ruling of the Trademark Office.

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

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.

A few days ago, an owner approached Bajie Intellectual Property and wanted to entrust us to transfer the trademark. After providing the registration number, he checked the banquet for him and found that the status of the trademark showed that the registered trademark had been revoked for three consecutive years.

The owner said that the trademark had not been used for a long time, and then asked if there was any way to recover it. However, it was later verified that the time for defending the trademark application had passed, and there was no chance to get it back. The holder has no remorse.

I believe that many people will encounter such a problem of cultivating gods, and the trademark will be revoked if it is not used for a long time, and it will not be used for three years. The Trademark Law also stipulates that the respondent must submit the defense materials to the Trademark Office within 30 days from the date of receipt of the trademark opposition. Of course, the procedures to be followed and the materials to be submitted are also cumbersome.

However, if you find Bajie Intellectual Property, you will find peace of mind.

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.