How to apply for cancellation of a registered trademark that has been suspended from use for three consecutive years
(1) If the applicant entrusts a trademark agency to handle the matter, the applicant You can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the trademark registration hall, the applicant can follow the following steps:
Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the application fee at the payment window → Check the decision letter whether to cancel the registered trademark
There are two ways to apply for cancellation of a registered trademark that has been suspended from use for three consecutive years:(1) Entrust a nationally recognized agency to handle the matter .
(2) The applicant should go directly to the lobby of the Trademark Office to apply.
Preparation of application documents
The applicant handles the cancellation of the application for stopping the use of a registered trademark for three consecutive years. The following documents should be submitted:
1. Cancellation of application for suspension of use of registered trademark for three consecutive years;
2. Investigation report on the use of the trademark being canceled;
3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license (Show the original copy of the business license at the same time), or submit a copy of the business license stamped with the applicant's seal. If you entrust a trademark agency to handle the matter, submit a copy of the applicant's business license;
4. If you go directly to the trademark registration hall, submit the identity of the person in charge Certificate and its copy; if entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney.
Payment of fees
The fee for each registration application is 1,000 yuan.
If a trademark agency is entrusted to handle the matter, the applicant shall pay the cancellation application fees and agency fees to the trademark agency. The cancellation application fees collected by the Trademark Office shall be deducted from the trademark. Deducted from the agency's advance payment.
Check the decision letter on whether to cancel the registered trademark
After receiving the cancellation application, the Trademark Office will Issue a notice to the trademark registrant regarding the provision of evidence of registration. After receiving the evidence of use of the registered trademark provided by the trademark registrant, the Trademark Office will review the evidence, make a decision on whether to cancel the registered trademark, and issue a decision letter on whether to cancel the registered trademark to the registrant and the applicant.
If a trademark agency is entrusted to handle the matter, the Trademark Office will mail a decision on whether to cancel the registered trademark to the trademark agency.
Notes
1. Applicant’s name, address, postal code and telephone number, etc. The form must be filled out clearly and accurately to facilitate contact.
2. Before submitting the application, the applicant should check the registration status of the canceled trademark and fill in the "Cancellation of Registration of Suspension of Use for Three Consecutive Three Years" based on the current registrant of the trademark. Trademark Application Form".
3. The trademark applied for cancellation has been at least 3 years since the date of registration approval.
4. If the Trademark Office makes a decision to cancel a registered trademark, the trademark registrant may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the cancellation decision.
If you have any other questions, you are welcome to go to the Legal Savior Network for online consultation.
