Can a company still use its trademark after it has canceled it?

This trademark may be revoked. Specifically, if the original registrant of a trademark changes the identity information of the registrant without authorization while exercising the right to use the registered trademark, he should be required to correct the error within a time limit in accordance with legal procedures. If the original registrant cannot correct the error within the time limit, the trademark right qualification will be revoked. Revoked according to law. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can a company still use its trademark after it has been cancelled?

Being a company After canceling its trademark, the trademark will still be valid under normal circumstances.

If the trademark was applied for establishment by the company as the registration subject at that time, and the trademark cancellation process did not involve a substantial transfer of the trademark, then the trademark would be The trademark will face the risk of revocation.

According to relevant laws and regulations, in the process of using the registered trademark owned by the registered trademark holder, once it violates the laws and regulations and changes the original trademark without authorization, The authorizing authority has the right to impose mandatory rectification orders on the name of the registrant, and if it fails to receive effective responses and corrective measures from the trademark holder within the specified period, the authoritative department involved in the cancellation procedure has the power to revoke the corresponding order. trademark.

Article 49 of the Trademark Law of the People's Republic of China

The trademark registrant is In the process of using a registered trademark, if the registered trademark, the name of the registrant, the address or other registration matters are changed on one's own initiative, the local industrial and commercial administration department will order the person to make corrections within a time limit; if the person does not make corrections within the time limit, the Trademark Office will revoke the registered trademark.

If a registered trademark becomes the common 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 to cancel the trademark. 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 require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

2. Can a rejected trademark still be used?

In the case of trademark rejection, although the trademark can continue to be used, it cannot obtain full legal protection because it has not been registered.

According to the clear provisions of my country’s Trademark Law, if the trademark rejection contains absolute grounds for rejection, we do not recommend further rejection review; in contrast , if the trademark rejection is a relative rejection, it is recommended that you seek help and advice from an intellectual property agency immediately.

Through an in-depth understanding and mastery of the trademark review standards, the agent will scientifically evaluate and judge the degree of similarity of the trademarks, and then decide whether it is necessary to launch a rejection review program.

Once the rejection review process is initiated, it is possible to successfully obtain trademark registration.

Even if the rejection of the review fails to bring about the expected results, the trademark applicant still has the right to continue to legally use the TM mark throughout the review period.

If you choose to give up the review application, the trademark application will be automatically revoked and entered into an invalid state.