How to cancel a trademark and what is the process for canceling a trademark
If a registered trademark has been stopped for three consecutive years, anyone can Submit an application to the Trademark Office to cancel the registered trademark.
(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any trademark agency registered with the Trademark Office 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
ApproachesThere are two ways to apply for cancellation of a registered trademark that has been stopped for three consecutive years:
(1) Entrust a trademark agency registered with the Trademark Office to handle the matter.
(2) Applicants should go directly to the trademark registration hall 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. Application for cancellation of suspension of use of a registered trademark for three consecutive years (the reason for cancellation should be stated);
2. If you go directly to the trademark registration hall, submit a copy of the applicant's subject qualification certification document (a copy of the business license, ID card, etc.) that has been stamped or signed by the applicant. If entrusting a trademark agency to handle the matter, submit a copy of the applicant’s subject qualification documents (copy of business license, ID card, etc.);
3. If you go directly to the trademark registration hall, you must submit the original and photocopy of the person's ID card (the original will be returned after comparison); if you entrust a trademark agency to handle it, you must submit a trademark agency power of attorney.
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 use of the registered trademark. 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 applicant should, in accordance with the provisions of the Trademark Law, explain in the reasons for cancellation the relevant circumstances of the suspension of use of the applied trademark for three consecutive years.
4. At least 3 years have passed since the date of registration approval of the trademark applied for cancellation to the date of cancellation application.
5. If the party concerned is dissatisfied with the decision made by the Trademark Office, he or she may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the revocation decision.
If you have any other questions, you are welcome to go to the Legal Savior Network for online consultation.
