How to cancel a registered trademark
(1) When entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any agency The trademark agency registered with the Trademark Office shall handle it. 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
1. Situation of cancellation of registered trademarkAccording to the relevant provisions of my country’s Trademark Law , registered trademarks can be divided into cancellation based on application and cancellation based on ex officio. The main situations are:
(1) For a registered trademark, if the following circumstances occur, the registered trademark will be revoked by the Trademark Office, and other units and individuals may request trademark review The Committee ruled to cancel the registered trademark:
1. Use of a sign that cannot be used or registered as a trademark;
2. Obtaining registration by deception or other improper means.
(2) If a registered trademark falls into the following circumstances, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board Ruling to cancel the registered trademark. For those registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit:
1. It is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China; It is likely to cause confusion
2. It is a copy, imitation or translation of someone else’s well-known trademark that has been registered in China, misleading the public, causing theThe interests of the well-known trademark registrant may be harmed;
3. Without authorization, the agent or representative will use the agent or the represented person in his own name. When registering a trademark, the agent or representative raises an objection;
4. The trademark contains a geographical indication of a product, but the product does not originate from this indication The marked areas are misleading to the public. However, exceptions are made if registration is obtained in good faith;
5. Applying for trademark registration infringes upon the existing prior rights of others, or preemptively registers others who have already used and owned the trademark by unfair means. Trademarks that have a certain impact.
In both cases (1) and (2), for a registered trademark that has been revoked in accordance with the law, the exclusive right to use the trademark is deemed to have ceased to exist from the beginning. Decisions or rulings on the cancellation of registered trademarks, judgments and rulings on trademark infringement cases made and executed by the People's Court before cancellation, decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, and trademark transfers that have been executed Or use license contract, does not have retroactive effect; however, losses caused to others due to the bad faith of the trademark registrant shall be compensated.
(3) If the registered trademark is used for any of the following acts, the industrial and commercial administration department shall order the trademark registrant to make corrections within a time limit; if the trademark registrant refuses to make corrections, it shall be reported to the Trademark Office for cancellation Its registered trademark:
1. Change the registered trademark on your own;
2. Change the registered trademark on your own The name, address or other registration information of the registrant;
3. Transferring the registered trademark by oneself;
">(4) If the use of a registered trademark has been stopped for three consecutive years, any person may apply to the Trademark Office to cancel the registered trademark and explain the relevant circumstances.
In the two situations (3) and (4), the Trademark Office shall notify the trademark registrant within 2 months from the date of receipt of the notice. Submit evidence of use of the trademark before the cancellation application is filed or explain the legitimate reasons for non-use; if evidence of use is not provided upon expiration or the evidence is invalid without legitimate reasons, the Trademark Office will revoke the registered trademark. Evidence of use includes evidence that the trademark registrant uses the registered trademark and evidence that the trademark registrant permits others to use the registered trademark.
(五) uses a registered trademark, and its goods are shoddily manufactured, passed off as inferior, and deceive consumers, the Trademark Office may revoke its registered trademark depending on the specific circumstances.
In the three situations (3), (4), and (5), the registered trademark that has been revoked will be announced by the Trademark Office; the exclusive right to the registered trademark It shall be terminated from the date when the Trademark Office’s cancellation decision is made.
2. The impact of the cancellation of a registered trademark
Trademark Office, If the Trademark Review and Adjudication Board cancels a registered trademark, and the reason for the cancellation only applies to some designated goods, the registration of the trademark used on those designated goods will be revoked.
If a registered trademark is revoked, within one year from the date of cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.
If a registered trademark is revoked, the original "Trademark Registration Certificate" will be invalid; if the registration of the trademark on some designated goods is revoked, the Trademark Office will issue a notice on the original "Trademark Registration Certificate" "will be returned with an annotation, or the "Trademark Registration Certificate" will be reissued and announced.
3. Remedies after cancellation of registered trademark
To the Trademark Office If the party concerned is dissatisfied with the decision to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
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