Is the trademark revocation review invalid?

"Trademark withdrawal for three consecutive years" refers to the situation where a trademark has been revoked due to non-use for three consecutive years. Any unit or individual can submit a cancellation application to the Trademark Office. So during the re-examination period for trademark withdrawal, is it considered to be in an invalid state? The editor of Hualu has compiled relevant knowledge for you.

Whether the trademark withdrawal review is invalid

The trademark is in a valid status during the re-examination period.

Because the withdrawal of three trademarks itself refers to the continuity of trademarks In the case of cancellation after three years of inapplicability, any unit or individual may submit a cancellation application to the Trademark Office. The “Three-Year Non-use Application for Cancellation of Registered Trademarks” was formulated to save trademark resources and prevent trademarks from being idle and unused. However, even if the application for cancellation comes first, according to the first-to-register principle, the trademark is still valid during the review period. Therefore, the review filed by the parties is valid during this period.

"Trademark Law of the People's Republic of China" Article 40 Article 9 If a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administration department shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office shall revoke his or her registration. Trademark.

If a registered trademark becomes the common 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 to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. There are special circumstancesIf it needs to be extended, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

Through the above content, we know the trademark withdrawal It is valid during the review period. Follow the first-to-register principle. The withdrawal of three trademarks is an attempt by the state to prevent the waste of trademark resources caused by a large number of registered trademarks.

If the company still needs to use the trademark, it can contact us The Trademark Review and Adjudication Board makes an appeal, and after explaining the situation, the Trademark Review and Adjudication Board will conduct a relevant review. After the review is completed, it will make a certain judgment on whether to withdraw the trademark. If you have any questions, please consult the Legal Savior website.